Robinson v Shirley [1982] HCA 1

High Court of Australia Brennan J. Robinson v Shirley [1982] HCA 1

ORDER Remit the matters to the Supreme Court of Queensland.

At the conclusion of argument Brennan J. reserved his judgment for delivery in open court.

1982, Jan. 19 Brennan J.

Brennan J. delivered the following written judgment:—

On 21 December 1979, Norma Isabelle Robinson and her husband Mervyn Harold Robinson each issued a writ out of the principal registry of this Court against the defendants, claiming damages for negligence occasioning personal injuries. The actions arose out of an accident which occurred on 4 January 1974. The plaintiffs were struck by a motorcycle owned by the second defendant and driven by the first defendant at or near the intersection of Anzac Avenue and Elizabeth Drive, Kippa-Ring, in Queensland. The actions were said to be between residents of different States and thus within the original jurisdiction of this Court.

Mr. and Mrs. Robinson were residents of New South Wales. It seems to be common ground that the defendants are and were at material times residents of Queensland. On the footing that the actions are within the original jurisdiction of this Court, the defendants applied pursuant to s. 44 of the Judiciary Act 1903 Cth for orders remitting the actions to the Supreme Court of Queensland.

Mr. Robinson died on 10 November 1980 in Sydney. Mrs. Robinson is the executrix of his will.

On 25 June 1981 the applications for remittal came on for hearing in Brisbane. They were heard together. By that time defences had been delivered. By par. 5 of the respective defences the defendants had pleaded that the actions were statute barred. Paragraph 5 reads:

Further the Defendants say that this action is statute barred in that it has been commenced after three years after the cause of action arose contrary to the provisions of Sections 4 and 5 of the Law Reform (Limitation of Actions Act) Act of 1956 which was in force on the 4th day of January, 1974.