Queensland Consolidated Acts

LIMITATION OF ACTIONS ACT 1974 - SECT 32

32 Surviving actions

(1) This section applies to actions founded on negligence, trespass, nuisance or breach of duty, for damages for personal injury that have survived on the death of a person for the benefit of the person’s estate under section 66 of the Succession Act 1981 .

(2) Where on application to a court by a person claiming to have a right of action to an action to which this section applies, it appears to the court—

(a) that a material fact of a decisive character relating to the right of action was not within the means of knowledge of the deceased person or the applicant until a date after the commencement of the year last preceding the expiration of the period of limitation for the action; and

(b) that there is evidence to establish the right of action, apart from a defence founded on the expiration of a period of limitation;

the court may order that the period of limitation for the action be extended so that it expires at the end of 1 year after that date and thereupon, for the purposes of the action brought by the deceased or the applicant in that court, the period of limitation is extended accordingly.

(3) For the purposes of this section, the material facts of a decisive character do not include facts relating only to—

(a) damages not recoverable by the applicant; or

(b) funeral expenses of the deceased.

(4) This section applies to an action whether or not a period of limitation for the action has expired—

(a) before the commencement of this Act; or

(b) before an application is made under this section in respect of the right of action.