Ryan v Gold Coast Hospital and Health Service [2025] QSC 181 (Link to JADE).
Pursuant section 31(1) of the Limitation of Actions Act 1974 (Qld) the limitation period for the plaintiff’s actions in negligence was extended until 11 February 2018.
The relevant surgery, a laparoscopic interior resection of the colon, was performed in 2014 so the extension was for about 1 year. The court was satisfied that receipt of a report from Dr Conrad was the material fact of a decisive nature. For the first time the plaintiff was advised that the failure to warn him of the risks of the operation was negligent.
The plaintiff also successfully applied to include causes of action for breaches of the ACL. It was common ground these causes of action are subject to a six year limitation period by reason of s 236 of the ACL. The three year time limit under section 87F of the Competition and Consumer Act 2010 (Cth) does not apply to breaches of ss 18 or 60 of the ACL– see Thompson v Natawala [2021] WADC 33 at [52]-[53].
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