In the case of Grapes v AAI Limited [2024] QSC 267, Sonia Laura Grapes, a paramedic suffering from PTSD following a 2018 motor vehicle accident, sought to extend the time limit to file a personal injury claim against AAI Limited (Suncorp Insurance), the State of Queensland, and Brad Allen. Grapes argued she was unaware of the nature, extent, and cause of her psychological injury until 2022 and only identified the respondents in 2023. The court, presided over by Copley J, evaluated whether the information Grapes acquired post-knowledge of her condition constituted material facts of a decisive character, indicating they would significantly affect the success of her potential claim. While the fact that the accident caused PTSD could be decisive, the court found that the information was within her means of knowledge before the asserted dates, and she should have acted sooner to identify the respondents. Thus, the application was dismissed.
Full text: https://www.sclqld.org.au/caselaw/150290