Winston v Commonwealth of Australia [2021] NSWSC 62

Supreme Court New South Wales

Medium Neutral Citation: Winston v Commonwealth of Australia [2021] NSWSC 62 Hearing dates: 2 February 2021 Date of orders: 17 February 2021 Decision date: 17 February 2021 Jurisdiction: Common Law Before: Harrison J Decision: (1) Extend up to and including 29 October 2019 the limitation period for the cause of action upon which the plaintiff sues in these proceedings. (2) Order the defendant to pay the plaintiff's costs of the application to extend time. Catchwords: LIMITATION OF ACTIONS – personal injury tort – psychological injuries arising from collision between HMAS Melbourne and USS Evans in 1969 – where applicant suffering from PTSD and related psychological injuries – whether applicant unaware of the connection between the personal injury and the defendant's act or omission at the expiration of the relevant limitation period or at a time before that expiration when proceedings might reasonably have been instituted – whether the application was made within 3 years after the applicant became aware (or ought to have become aware) of the matters listed in s 60I(1)(a)(iii) – whether just and reasonable to extend time – Limitation Act 1969 (NSW), ss 60I(1)(a)(iii) and (b) and 60G Legislation Cited: Limitation Act 1969 (NSW), ss 5, 14, 60G, 60I Cases Cited: Blyth v Commonwealth [2005] NSWSC 721 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25 Commonwealth of Australia v Diston [2003] NSWCA 51 Commonwealth of Australia v Shaw (2006) 66 NSWLR 325; [2006] NSWCA 209 Commonwealth v Smith [2007] NSWCA 168 Commonwealth v Verwayen (1990) 170 CLR 394; [1990] HCA 39 Dedousis v Water Board (1994) 181 CLR 171; [1994] HCA 57 F J Walker Ltd v Webber [1989] NSWCA 76 Holt v Wynter (2000) 49 NSWLR 128; [2000] NSWCA 143 McLean v Sydney Water Corporation [2001] NSWCA 122 Pearce v Commonwealth [2005] NSWSC 359 Category: Procedural rulings Parties: Robert Wilson Winston (Plaintiff) Commonwealth of Australia (Defendant) Representation: Counsel: A G Melick AO SC with C B Thompson (Plaintiff) A Mitchelmore SC with C Ernst (Defendant)