Watson v State of NSW [2021] NSWSC 765

Supreme Court New South Wales

Medium Neutral Citation: Watson v State of NSW [2021] NSWSC 765 Hearing dates: 25 June 2021 Date of orders: 25 June 2021 Decision date: 25 June 2021 Jurisdiction: Common Law Before: Schmidt AJ Decision: For the reasons given I thus order that the extension of time which Mr Watson seeks for the commencement of the proceedings be granted and accordingly, that he be given leave to commence the proceedings and to file his statement of claim. Catchwords: CIVIL PROCEDURE – Time – Extension of time – Where extension of time to bring action is sought – leave granted LIMITATION OF ACTIONS – Personal injury – Where delay in onset of symptoms leads to delay in bringing action NEGLIGENCE – Psychiatric injury STATUTORY INTERPRETATION – whether limitation provisions of Motor Accidents Compensation Act 1999 or Limitation Act 1969 apply to application– Definition of 'motor vehicle' – Limitation Act applies Legislation Cited: Limitation Act 1969 (NSW), ss 50C, 50D, 62A, 62B, Div 6 Pt 2 Motor Accidents Compensation Act 1999 (NSW), ss 3, 3A, 3B, 109, 134, Ch 4, 5, Sch 5 cl 9 Road Transport Act 2013 (NSW), s 3 Road Transport (General) Act 2005 (NSW) Transport Administration Act 1988 (NSW), s 121 Cases Cited: Baker-Morrison v State of New South Wales (2009) 74 NSWLR 454; [2009] NSWCA 35 Russo v Aiello (2003) 215 CLR 643; [2003] HCA 53 Sheehan v SRA; Wicks v SRA [2009] NSWCA 261 Wicks v State Rail Authority of New South Wales; Sheehan v State Rail Authority of New South Wales (2010) 241 CLR 60; [2010] HCA 22 Category: Principal judgment Parties: Mr Watson (Plaintiff) State of NSW (Defendant) Representation: Counsel: Mr P Mooney SC (Plaintiff)