In Vivian v Gameover Pty Ltd [2024] QSC 263, the Supreme Court of Queensland addressed an application by Benjamin Allan Ivan Vivian to extend the limitation period for filing a personal injury claim against his employer, Gameover Pty Ltd. Vivian, a track supervisor, alleged he sustained a substantial back injury during the course of carrying batteries at work, which resulted in both physical and secondary psychological injury. Despite receiving WorkCover benefits, Vivian sought to extend the time limit for his claim, arguing that the combined impact of his injuries became a material fact only after the expiration of the original limitation period. The court, however, determined that these facts had been within his means of knowledge before the lapse of the prescribed period. Consequently, the application was dismissed by Williams J on 6 November 2024, with further discussions on costs to follow.
Full text: https://www.sclqld.org.au/caselaw/150284