ASSOCIATION OF EMPLOYERS OF WATERSIDE LABOUR v CORBETT [1992] NSWCA 12

ASSOCIATION OF EMPLOYERS OF WATERSIDE LABOUR v CORBETT

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, HANDLEY and SHELLER JJA 9 April 1992, 28 April 1992 [1992] NSWCA 12

LIMITATION OF ACTIONS — power to extend limitation period — effect of Limitation (Amendment) Act 1990 — no power to extend limitation period in respect of existing causes of action under transitional provisions in cases of non-latent injury.

The respondent while employed by the appellant was injured on a wharf on 12 August 1983. On 12 June 1986 he commenced proceedings for damages against the Maritime Services Board as the occupier of the wharf. In June 1991 he applied under the Limitation (Amendment) Act 1990 for an extension of the limitation period in respect of the cause of action against his employer. The Master followed Plumb v Electricity Commission of New South Wales and granted the extension. On appeal the Judge ordered under RSC Pt12 R2 that the proceedings be removed to the Court of Appeal for decision of the question whether Plumb v Electricity Commission of New South Wales was correctly decided. Held: Plumb v Electricity Commission wrongly decided.

Mahoney JA This matter was considered at the same time as the Court consideredthe appeal in The Electricity Commission of New South Wales v Plumb.

In the Plumb proceeding I detailed my views as to the construction of the relevant provisions. For those reasons and for the reasons set forth in the judgment of Handley JA, I agree with the orders which his Honour proposes.

Handley JA On 12 August 1983 the respondent was employed by one or other of the present appellants. He was injured while working at No 6 Wharf Darling Harbour when he slipped on some oil that had been left lying on the wharf. He suffered an injury to his ankle. The respondent's injury was in no sense latent. In September 1985 he consulted his present solicitors and instructed them to commence proceedings against the Maritime Services Board.