Scott v Complete Metal Roofing (Qld) Pty Ltd ATF Harding Roof Trust & Anor
[2021] QDC 27 · Muir DCJ
Bryan Scott was a young apprentice roof plumber who injured his right shoulder in February 2015 when he fell between roof trusses while working on a house. He had surgery and was cleared to return to full duties, and thought he had recovered. In early 2018 his shoulder unexpectedly dislocated, requiring further surgery. Because the usual three-year time limit to sue had already passed, Mr Scott applied to the District Court for an extension of the limitation period so his negligence claim against his former employers could go ahead. The key question was when he first realised, after appropriate advice, that his injury meant he should not keep working in construction. The court accepted that this only became clear after a consultation with his surgeon and physiotherapist on 10 October 2018. The judge rejected the employers' arguments that Mr Scott had been dishonest or had already decided to leave construction, and granted the extension. His underlying damages claim can now proceed.
Incident & injury
Fell between roof trusses while screwing battens on a double storey house, catching himself by extending both arms, injuring his right shoulder
- Body regions
- Right shoulder
- Diagnoses
- Right shoulder injury requiring surgical reconstruction and subsequent removal of metal work; shoulder instability with recurrent dislocation
- Incident date
- 9 February 2015
Quick facts
- Date of judgment
- 3 March 2021
- Claim type
- WCRA Common Law
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 20
- Occupation
- Apprentice roof plumber Technician / Trade Worker
Outcome
The court granted the applicant's application under s 31(2) of the Limitation of Actions Act 1974 (Qld), extending the limitation period for his right shoulder injury claim so it did not expire before 4 October 2019, finding that a material fact of a decisive character (that he should not work in the construction industry) was not within his means of knowledge until the 10 October 2018 consultation. Costs were foreshadowed to follow the event.
Key issues
Scott v Complete Metal Roofing (Qld) Pty Ltd ATF Harding Roof Trust & Anor [2021] QDC 27
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