AB v State of Queensland & Anor
[2022] QCA 109 · McMurdo JA (Fraser and Mullins JJA agreeing)
The plaintiff (referred to as AB) was a single mother who became a foster carer in 2006. A teenage boy placed in her home by a foster-care agency and the State went on to sexually abuse her young daughter. The shock caused AB to develop a generalised anxiety disorder, depression and a post-traumatic stress condition. Years later she sued the agency and the State, arguing they knew of the boy's history of sexualised behaviour but failed to warn her. Because her claim was filed well outside the three-year limit, she needed a court extension. The District Court refused it.
On appeal, the Court of Appeal found that AB only learned of solid proof that the defendants had actual knowledge of the boy's history when two internal reports were disclosed in March 2020. The court ruled this was a critical new fact she could not reasonably have known earlier, extended the limitation period, and allowed her claim to go ahead. This decision was procedural - it did not decide the claim or award any damages.
Incident & injury
Psychological injury suffered by foster carer after foster child placed in her care sexually abused her biological daughter; respondents failed to disclose the foster child's prior history of sexualised behaviour
- Body regions
- Psychiatric
- Diagnoses
- Generalised Anxiety Disorder, Major Depressive Disorder (secondary), Adjustment Disorder with features of Post Traumatic Stress Disorder
- Incident date
- 1 August 2006
- Location
- Queensland (foster home)
Quick facts
- Date of judgment
- 17 June 2022
- Claim type
- Historical Abuse
- Proceeding
- Appeal
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- ~41 (inferred)
- Occupation
- Foster carer (single mother) Community & Personal Service Worker
Outcome
The Court of Appeal granted leave to appeal and allowed the appeal, setting aside the District Court's refusal to extend time. It held a material fact of a decisive character (proof that the respondents had actual knowledge of XY's history of sexualised behaviour) was not within the appellant's means of knowledge until 16 March 2020, and extended the limitation period to 16 March 2021 so the personal injury claim could proceed.
Key issues
AB v State of Queensland & Anor [2022] QCA 109
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