Bradford v Commonwealth of Australia [2002] FCA 1489

FEDERAL COURT OF AUSTRALIA

Bradford v Commonwealth of Australia [2002] FCA 1489 VERA MAY BRADFORD v COMMONWEALTH OF AUSTRALIA NG547 OF 1991 EMMETT J 29 NOVEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG547 OF 1991

BETWEEN: VERA MAY BRADFORD

APPLICANT

AND: COMMONWEALTH OF AUSTRALIA

RESPONDENT

JUDGE: EMMETT J

DATE: 29 NOVEMBER 2002

PLACE: SYDNEY

REASONS FOR DECISION 1 On 7 December 1989, the applicant, Mrs Vera May Bradford ("Mrs Bradford"), commenced a proceeding in the High Court of Australia against the respondent, the Commonwealth of Australia ("the Commonwealth"). In the statement of claim that was delivered with the writ in the High Court ("the Statement of Claim"), Mrs Bradford claimed damages under the Compensation to Relatives Act 1897 (NSW) ("the NSW Compensation Act"), in respect of the death of her husband, Maurice Kenyon Bradford ("Mr Bradford"), who died on 29 December 1972. Mrs Bradford claimed damages for: · negligence; · exposure to nuclear radiation; · breach of duty as occupier; · trespass to the person. 2 On 19 September 1990, the Commonwealth filed a defence to the Statement of Claim. Apart from denials and non-admission of allegations made in the Statement of Claim, the Commonwealth also raised defences based on the Limitation Act 1969 (NSW) ("the NSW Limitation Act"). On 18 June 1991, the Commonwealth filed a summons in the High Court seeking a declaration that ss 14(1) and 63(1) of the NSW Limitation Act applied to Mrs Bradford's action and an order that the proceeding be remitted to the Federal Court of Australia. On 22 August 1991, by consent, the proceeding was remitted by the High Court of Australia to the Federal Court of Australia, New South Wales Registry. 3 On 26 March 1992, Mrs Bradford filed a notice of motion in the Federal Court seeking orders under ss 58(2) and 60H of the NSW Limitation Act for extension of the limitation period. On 9 April 1992, Mrs Bradford filed an amended notice of motion in which she also sought orders pursuant to s 60(2) of the NSW Limitation Act. 4 On 29 January 1996, the Commonwealth filed an amended defence in which the Commonwealth raised defences based on the Limitation of Actions Act 1936 (SA) ("the SA Limitation Act") and the Limitations of Actions Act 1974 (Qld) ("the Qld Limitation Act"), in addition to the defences based on the NSW Limitation Act. After the commencement of the hearing of Mrs Bradford's motion, she filed, without objection, a further amended notice of motion seeking orders for extension of the limitation periods under s 48 of the SA Limitation Act and s 31 of the Qld Limitation Act.