Gillespie’s decision discusses whether reasonable steps did not require the taking of further medical advice prior to a certain point in time.
In considering whether reasonable steps necessitated an enquiry, the test of reasonableness is objective, with regard being had “to the background and situation of the applicant”: Castlemaine Perkins Limited v McPhee  Qd R 469 at 473. Or, as Keane JA expressed it in NF v State of Qld  QCA 110 at paragraph 29 :
“Whether an applicant for an extension of time has taken all reasonable steps to find out a fact can only be answered by reference to what can reasonably be expected from the actual person in the circumstances of the applicant.”
Accordingly, the case of Healy v Femdale Pty Ltd  QCA 210 was more applicable and it was open for the primary judge to find it was not unreasonable the plaintiff did not consult a medical practitioner.
The appeal was dismissed.
For discussion of related issues: Mason v Toowoomba City Council  QCA 46 (thanks Jim Grevell).
Brisbane Barrister – David Cormack