Anderson v State of NSW; Perri v State of NSW [2023] NSWCA 160

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Anderson v State of NSW; Perri v State of NSW [2023] NSWCA 160 Hearing dates: 4 May 2023 Date of orders: 12 July 2023 Decision date: 12 July 2023 Before: Gleeson JA at [1]; White JA at [2]; Griffiths AJA at [5] Decision: Leave to appeal dismissed, with costs. Catchwords: APPEAL – Leave to appeal – Whether there were reasonably arguable errors of law or fact LIMITATION OF ACTIONS – Personal Injury – Child abuse – Whether actions of police constituted child sexual abuse – Where actions did not have sexual connotation LIMITATION OF ACTIONS – Discoverability – Personal Injury - Whether capable persons knew or ought to have known facts where applicants were underage – Whether advice provided was enough to induce capable persons to seek further legal advice Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) District Court Act 1973 (NSW), s 127 Limitation Act 1969 (NSW), ss 6A, 50B, 50C, 50D, 50F Limitation Amendment (Child Abuse) Act 2016 (NSW) Cases Cited: Anderson v State of New South Wales & Anor [2022] NSWDC 435 Carolan v AMF Bowling Pty Ltd (t/as Bennetts Green Bowl) [1995] NSWCA 69 Lee v New South Wales Crime Commission (2012) 224 A Crim R 94; [2012] NSWCA 262 State of New South Wales v Gillett [2012] NSWCA 83 Texts Cited: Interim Report of the Royal Commission into Institutional Responses to Child Sexual Abuse NSW Government, "Limitation periods in civil claims for child sexual abuse" (January 2015) Second Reading Speech, introducing Limitation Amendment (Child Abuse) Act 2016 (NSW) (16 February 2016) Category: Principal judgment Parties: 2022/303307 Jade Anderson (Applicant) State of New South Wales (Respondent)