Davison v State of Queensland, Gibson v State of Queensland [2006] HCA 21

HIGH COURT OF AUSTRALIA

GUMMOW, KIRBY, HAYNE, HEYDON AND CRENNAN JJ

Matter No B62/2005

SARAH DAVISON APPELLANT

AND

STATE OF QUEENSLAND RESPONDENT

Matter No B63/2005

VANESSA FAYNE JEAN GIBSON APPELLANT

AND

STATE OF QUEENSLAND RESPONDENT

Matter No B64/2005

STEPHEN ANDREW GIRARD APPELLANT

AND

STATE OF QUEENSLAND RESPONDENT

Matter No B65/2005

JASON THOMAS ORR APPELLANT

AND

STATE OF QUEENSLAND RESPONDENT

Matter No B66/2005

NATASHA YARRIE APPELLANT

AND

STATE OF QUEENSLAND RESPONDENT

Matter No B67/2005

ALEXANDRA ORR APPELLANT

AND

STATE OF QUEENSLAND RESPONDENT

Davison v State of Queensland, Gibson v State of Queensland,

Girard v State of Queensland, Orr v State of Queensland,

Yarrie v State of Queensland, Orr v State of Queensland

[2006] HCA 21

17 May 2006

B62/2005, B63/2005, B64/2005, B65/2005, B66/2005, & B67/2005

ORDER

In each matter:

1. Appeal allowed with costs.

2. Set aside the orders of the Court of Appeal of the Supreme Court of Queensland made on 3 December 2004 and, in lieu thereof, order that the appeal to that Court be dismissed with costs.

On appeal from the Supreme Court of Queensland

Representation:

R J Douglas SC with G R Mullins and M Horvath for the appellants (instructed by Nicol Robinson Halletts)

M Grant-Taylor SC with K Philipson for the respondents instructed by Crown Solicitor for State of Queensland)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Davison v State of Queensland

Limitation of actions – Personal injury – Personal Injuries Proceedings Act 2002 (Q) – Limitation of Actions Act 1974 (Q) – Appellants alleged serious physical and mental abuse suffered while in foster care under the supervision and care of the respondent – Application for extension of limitation period – Whether an applicant for leave to commence proceedings under s 43 of the Personal Injuries Proceedings Act 2002 (Q) must demonstrate a "reasonably arguable case for the granting of an extension" of time under s 31(2) of the Limitation of Actions Act 1974 (Q) – Whether evidence relied on by appellants established a prima facie case for extension of time under s 31(2).