Claimant’s excuse for delay “stretches credulity” – Defendant succeeds in limitation defence

Date: October 12, 2016


Morgan v JBS Australia PTY Limited [2016] QDC 226

Key Points

The Facts

The Decision

In rejecting the Plaintiff’s application, Judge Everson found:

In weighing the factors relevant to the last issue, his Honour noted the importance of the index finger to a manual worker and the fact that he had reasonable prospects of success in a negligence action.  His Honour therefore found that although he had sympathy for the Plaintiff’s plight that it stretched credulity that he was justified in blindly relying on the previous prognosis from his surgeon when by September 2014 he had increased symptoms, had been provided with a medical certificate stating that he was unfit for work and had been referred for a “reconstruction”.  In particular the court found that the Plaintiff needed to take reasonable steps to investigate his medical condition after consulting his GP in September 2014

Lessons Learnt

In recent years Defendants could be forgiven for thinking that it has become much easier for Plaintiff’s to obtain extensions of the limitation period.  However, this case demonstrates that even in a matter where a judge concedes sympathy for a Plaintiff he will not obtain an extension of the limitation period unless he has taken reasonable steps to ascertain the extent of his medical condition prior to the expiration of the limitation period.


For more information on this article, please contact:


Chris Murphy
T: +61 (0) 7 3307 5504
M: 0405 537 425


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