Gluszek v State of Queensland [2012] NSWDC 164

Gluszek v State of Queensland [2012] NSWDC 164

The plaintiff demonstrated that the material facts relating to the right of action, specifically in relation to assaults occurring on 24 May and 19 April 2008, were not within his knowledge or means of knowledge until after the expiration of the limitation period. Accordingly, under s 31(2) of the Limitation of Actions Act 1974 (Qld), an extension of time is warranted for the claims pleaded.

Jurisdiction
Australia
Judgment Date
28 September 2012
Procedural Posture
Interlocutory Application / Application for Extension of Limitation Period
Outcome
Application for extension of limitation period granted.
Legal Topics
['limitation of Actions' 'extension of Time' 'trespass to Person' 'assault' 'false Imprisonment']
['civil Procedure' 'tort Law'] ['limitation of Actions' 'extension of Time' 'trespass to Person' 'assault' 'false Imprisonment']

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Procedural Posture

Interlocutory Application / Application for Extension of Limitation Period

Legal Issues

  1. 1 ["Whether there was a material fact of a decisive character relating to the right of action which was not known to or within the plaintiff's means of knowledge prior to expiry of the limitation period under s 31(2) of the Limitation of Actions Act 1974 (Qld)."]

Ratio Decidendi

The plaintiff demonstrated that the material facts relating to the right of action, specifically in relation to assaults occurring on 24 May and 19 April 2008, were not within his knowledge or means of knowledge until after the expiration of the limitation period. Accordingly, under s 31(2) of the Limitation of Actions Act 1974 (Qld), an extension of time is warranted for the claims pleaded.

Court Disposition

Application for extension of limitation period granted.

Orders

  • ["Pursuant to s 31(2) Limitation of Actions Act 1974 (Qld) the limitation period for the actions pleaded in paragraphs 5, 7, 8, 10, 11, 13 and 16 of the document entitled 'Third Amended Statement of Claim' be extended to 28 days from today, namely 26 October 2012." 'The plaintiff be granted leave to file an amended...