Conway v Ketchup [2003] QCA 228

1 SUPREME COURT OF QUEENSLAND CITATION: Conway v Ketchup [2003] QCA 228 PARTIES: MICHAEL JOHN CONWAY (applicant/appellant) BEVAN LESLIE KETCHUP (respondent) ATTORNEY-GENERAL AND MINISTER FOR JUSTICE FOR THE STATE OF QUEENSLAND (intervenor) FILE NO/S: Appeal No 9290 of 2002 SC No 524 of 2002 DIVISION: Court of Appeal - Cairns Circuit PROCEEDING: General Civil Appeal ORIGINATING COURT: Supreme Court at Townsville DELIVERED EX TEM PORE ON: 26 May 2003 DELIVERED AT: Cairns HEARING DATE: 26 May 2003 JUDGES: McMurdo P, Davies JA and Jones J Judgment of the Court ORDER: Appeal dismissed CATCHWORDS: LIMITATION OF ACTIONS - CONTRACTS, TORTS AND PERSONAL ACTIONS - THE PERIOD OF LIMITATION - ACTIONS TO RECOVER MONEY RECOVERABLE BY VIRTUE OF AN ENACTMENT - where respondent convicted of doing grievous bodily harm - where application for compensation pursuant to the Criminal Offence Victims Act 1995 (Qld) filed outside limitation period - where appellant living in remote community - whether appellant's unawareness of ability to seek compensation was a "material factor of a decisive character" for the purposes of extending the limitation period LIMITATION OF ACTIONS - CONTRACTS, TORTS AND PERSONAL ACTIONS - THE PERIOD OF LIMITATION - ACTIONS TO RECOVER MONEY RECOVERABLE BY VIRTUE OF AN ENACTMENT - where appellant suffered serious injuries as a result of the attack - where appellant unaware of nervous shock suffered as a result of attack until after expiration of the limitation period - whether diagnosis of nervous shock was a "material factor of a decisive character" COUNSEL: M Grant-Taylor SC, with A J Kimmins, for the appellant No appearance for the respondent M D Hinson SC, with S A McLeod, for intervenor amicus -- 1 of 2 -- 2 1 10 20 30 40 50 60 curiae SOLICITORS: Tony Bailey (Samford) for the appellant No appearance for the respondent C W Lohe, Crown Solicitor, for the intervenor amicus curiae THE PRESIDENT: For the reasons given in Watson v Poynter [2003] QCA 224, Appeal No CA 9291 of 2002, in each of Lenoy v Seaton [2003] QCA 226, Appeal No CA 10847 of 2002, Lenoy v Smith [2003] QCA 225, Appeal No CA 10846 of 2002, and Conway v Ketchup [2003] QCA 228, Appeal No CA 9290 of 2002, the appeal is dismissed and applications for leave to appeal are refused. ----- -- 2 of 2 --