Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mullaley v State of Western Australia [2020] FCA 13 File number: WAD 149 of 2019
Judge: COLVIN J
Date of judgment: 13 January 2020
Catchwords: PRACTICE AND PROCEDURE - application for extension of time to commence a claim for personal injury suffered by alleged negligence of certain police officers - where personal injury alleged was a mental health injury - consideration of s 39 of the Limitation Act 2005 (WA) - consideration of s 55 of the Limitation Act - consideration of the meaning of awareness - finding that time accrued from diagnosis of the applicants' mental health conditions - whether there was a discretion to extend time - whether the applicants attributed their mental health injuries to the actions of the police officers prior to the expiry of the limitation period - finding that there was no discretion to extend time - application dismissed
Legislation: Limitation Act 2005 (WA) ss 14, 35, 39, 41, 55, 79
Cases cited: AME Hospitals Pty Ltd v Dixon [2015] WASCA 63; (2015) 48 WAR 139 Baker-Morrison v New South Wales [2009] NSWCA 35; (2009) 74 NSWLR 454 Belgravia Nominees Pty Ltd v Lowe Pty Ltd [2017] WASCA 127; (2017) 51 WAR 341 BHP Iron Ore Pty Ltd v Westraint Resources Pty Ltd [2002] WASCA 18 Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Dedousis v Water Board [1994] HCA 57; (1994) 181 CLR 171 Gill v Commonwealth of Australia [1999] ACTSC 64 Gill v Ethicon Sàrl (No 5) [2019] FCA 1905 Harrex v Hall-King [2012] TASSC 45 Howley v Principal Healthcare Finance Pty Ltd [2014] NSWCA 447 Queensland North Australia Pty Ltd v Takeovers Panel [2015] FCAFC 68; (2015) 230 FCR 150 Roncevich v Repatriation Commission [2005] HCA 40; (2005) 222 CLR 115 Shire of Toodyay v Merrick [2016] WASC 29 Thomas Peacock & Sons Pty Ltd v Abreu [2013] WASCA 19 Trafalgar West Investments Pty Ltd as Trustee for the Trafalgar West Investments Trust v Superior Lawns Australia Pty Ltd [No 7] [2015] WASC 280 Waldron v Joondalup Hospital Pty Ltd [2018] NSWCA 182; (2018) 98 NSWLR 552 Wardley Australia Ltd v State of Western Australia [1992] HCA 55; (1992) 175 CLR 514 Wells v Commonwealth [2014] NSWSC 148
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