State of Queensland v Stephenson

Limitation of actions − Proceedings instituted after expiry of limitation period – Application for extension of limitation period − Under s 31(2)(a) of the Limitation of Actions Act 1974 (Q) ("the Act") a court may extend a limitation period if "a material fact of a decisive character relating to the right of action" was not within the applicant's means of knowledge until a date after the commencement of the year last preceding the expiration of the limitation period ("the relevant date") − Where the Act separately defines "material fact[s] relating to a right of action" and when those material facts are of a "decisive character" − Where material fact was within each applicant's means of knowledge before the relevant date but only attained a decisive character after that date − Whether par (a) of s 31(2) of the Act was satisfied, such that the court had power to extend the limitation period in respect of each applicant.

Statutory interpretation – Remedial legislation – Purposive approach – Limitation of Actions Act 1974 (Q), s 31(2)(a).

Words and phrases − "material fact of a decisive character relating to the right of action".

Limitation of Actions Act 1974 (Q) – ss 30, 31.