Dickson v Hassum & Levitt Pty Ltd & Anor
[2024] QCA 15 · Mullins P, Boddice JA and Applegarth J
Mr Dickson, a labourer who delivered and assembled kitchens, said he hurt his back and left knee in three separate workplace incidents in 2002. He made workers' compensation claims about his knee at the time but did not start a court case for damages within the legal time limit, which expired in 2005. Many years later, in 2023, he tried to begin a court claim for more than $900,000 and asked the court to extend the limitation period so the old claim could proceed. A Supreme Court judge refused, finding he had not identified any new and important fact that recently came to light, and that the long delay would seriously prejudice the defendants because records had been destroyed and witnesses could not recall events. Mr Dickson, who represented himself, appealed, arguing the judge was biased, misread the law, and wrongly ordered him to pay costs. The Court of Appeal rejected every argument, dismissed the appeal, and ordered him to pay the respondents' costs.
Incident & injury
Workplace injuries in 2002: back injury when a co-worker lifted a pantry cupboard pinning him against a stairwell; left knee injury when a co-worker pushed a pantry cupboard into his knee; and a further left knee injury when a shelf hit his leg.
- Body regions
- Knee / lower leg, Left knee, Lumbar spine (Left)
- Diagnoses
- Left knee contusion with exacerbation of pre-existing chondromalacia patellae, Chondromalacia of the medial half of the patella with erosion of articular cartilage, Lumbar spine injury (claim rejected)
- Incident date
- 19 June 2002
Quick facts
- Date of judgment
- 13 February 2024
- Claim type
- WCRA Common Law
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- ~41 (inferred)
- Occupation
- Delivery and labouring worker (delivered kitchens to site, aided tradespersons, cleaning and materials disposal) Labourer
Outcome
The Court of Appeal dismissed Mr Dickson's appeal against the refusal of his application to extend the limitation period under s 31 of the Limitation of Actions Act 1974 (Qld). His claim arising from 2002 workplace injuries could not proceed, and he was ordered to pay the respondents' costs of the appeal.
Key issues
Dickson v Hassum & Levitt Pty Ltd & Anor [2024] QCA 15
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