Perry v Assured Concreting Services Pty Ltd

Incident & injury

Trench collapsed on the applicant while working in it at a construction site

Body regions

Pelvis, Sacrum, Lumbar spine, Neurological

Diagnoses

Fractures of the pelvis, Fracture of the right sacrum, L5-S1 disc protrusion, Associated neurological injuries

Incident date

23 August 2019

Location

Rothwell, Queensland (construction site)

Outcome

Application to extend the limitation period under s 31(2) of the Limitation of Actions Act 1974 (Qld) granted. The court held that the applicant did not have within his means of knowledge the material fact that the first respondent (Assured Concreting Services Pty Ltd) was a separate entity from his employer and was the contracting party with the principal contractor, until 17 June 2024. Limitation period extended until 17 June 2025; first respondent ordered to pay applicant's costs on the standard basis.

Key issues

• Limitation extension
• Section 31(2) Limitation of Actions Act
• Material fact of decisive character
• Identity of correct defendant
• Labour-hire / contractor identity
• Disclosure obligations under PIPA and WCRA