Ludgate v Chameleon Touring Systems Pty Limited & Ors
[2026] QSC 91 · Copley J
The plaintiff was seriously injured in August 2021 when he fell about 10 metres from a warehouse roof onto concrete while replacing roof sheets, after the roof gave way. His employer was the first defendant, and the landowners were the second and third defendants. He filed a court claim in August 2024 against the landowners only, but later tried to add a claim against his employer after the limitation period for an employer claim had expired. The court agreed to renew the existing claim for two years, but refused to let him add the new claim against the employer. The judge found the claim against the employer rested on different duties and facts (an employer's duty rather than a landowner's duty) and that the plaintiff's former lawyers had deliberately chosen not to include it earlier. With no adequate reason for the delay, the court declined to allow the amendment, leaving the employer claim out of time. However a claim for professional negligence against his former solicitors would appear available.
An appeal has been filed by the plaintiff.
Incident & injury
The plaintiff fell about 10 metres from a warehouse roof onto concrete while replacing roof sheets when the roof gave way.
- Body regions
- Multiple regions / generalised
- Incident date
- 2 August 2021
Quick facts
- Date of judgment
- 30 April 2026
- Claim type
- Hybrid (WCRA + PIPA)
- Proceeding
- Interlocutory
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- Occupation
- Technician / Trade Worker
Outcome
The court renewed the plaintiff's claim filed 2 August 2024 but refused leave to amend the claim and statement of claim to add a cause of action against the first defendant (employer), holding the new cause of action did not arise out of substantially the same facts and that no adequate ground justified evading the limitation period.
Key issues
Ludgate v Chameleon Touring Systems Pty Limited & Ors [2026] QSC 91
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