Perry v Assured Concreting Services Pty Ltd
[2025] QSC 200 · Treston J
Luke Perry, a concreter, was seriously hurt on 23 August 2019 when a trench collapsed on him at a Rothwell construction site, breaking his pelvis and causing spinal and nerve injuries. He always believed his employer was a business called Assured Concreting Services and did not know it was in fact a separate company. He only learned on 17 June 2024, through correspondence from lawyers for the site's head contractor, that a different company (Assured Concreting Services Pty Ltd) had held the excavation subcontract and could be a party responsible for the accident. Because he found this out after the normal three-year limitation period had expired, he asked the court to extend time so he could bring a claim against that company. The court agreed. It found Perry had acted reasonably in relying on his solicitors, that the key information had not been disclosed to him earlier, and that even experienced lawyers had not identified the correct entity until mid-2024. The limitation period was extended and the company was ordered to pay Perry's costs.
Incident & injury
A trench collapsed onto the applicant while he was working in it at a construction worksite.
- Body regions
- Abdomen / pelvis, Pelvis, Sacrum, Lumbar spine, Neurological (Right)
- 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)
Quick facts
- Date of judgment
- 22 August 2025
- Claim type
- Hybrid (WCRA + PIPA)
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- Trade qualified concreter/finisher Technician / Trade Worker
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
Perry v Assured Concreting Services Pty Ltd [2025] QSC 200
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