Commonwealth of Australia v Dinnison, B.C. [1995] FCA 192

CATCHWORDS LIMITATION OF ACTIONS - effect of ss. 60-60J of the Limitation Act 1969 (NSW) in the light of Dedousis v Water Board (1994) 69 ALJR 1 - claim for nervous shock arising out of the witnessing of atomic explosions at Maralinga in 1957 - whether the plaintiff, who feared he had sustained radiation damage, nevertheless did not know within s. 60I(1)(a)(i) that personal injury, being an anxiety state amounting to an illness, had been suffered by him - whether, in any case, he was unaware within s. 60I(1)(a)(ii) of the nature or extent of his illness - whether it was open to the judge to find it just and reasonable to make an order within s. 60G. PRIVATE INTERNATIONAL LAW RULES AS BETWEEN THE STATES - action in tort against the Commonwealth in respect of act in South Australia, the action being brought in the New South Wales Registry of the High Court and remitted to the Federal Court - effect of ss. 79 and 80 of the Judiciary Act 1903 - effect of Musgrave v The Commonwealth and Suehle v The Commonwealth. Judiciary Act 1903 (Cth), ss. 56, 79 and 80 Limitation Act 1969 (NSW), ss. 60-60J Dedousis v Water Board (1994) 69 ALJR 1 Musgrave v The Commonwealth (1937) 57 CLR 514 Suehle v The Commonwealth (1967) 116 CLR 353 Breavington v Godleman (1988) 169 CLR 41 COMMONWEALTH OF AUSTRALIA v BARRIE CHARLES DINNISON NG 159 of 1994 Burchett, Gummow and Cooper JJ. Sydney 4 April 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) NG 159 of 1994 ) GENERAL DIVISION ) On appeal from a Judge of the Federal Court of Australia BETWEEN: COMMONWEALTH OF AUSTRALIA Appellant

AND: BARRIE CHARLES DINNISON Respondent CORAM: Burchett, Gummow and Cooper JJ. PLACE: Sydney DATE : 4 April 1995 MINUTE OF ORDERS THE COURT ORDERS THAT the appeal be dismissed with costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.