GOVERNMENT INSURANCE OFFICE OF NSW v STRANGE [1995] NSWCA 175

GOVERNMENT INSURANCE OFFICE OF NSW v STRANGE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, POWELL JJA and YOUNG AJA 24 October 1995, 28 November 1995

[1995] NSWCA 175

Limitation of Actions [55] — Extension of time — Plaintiff aware of all facts 4-18 months prior to expiry of limitation period — Does not satisfy s601 of Limitation Act 1969.

Limitation of Actions — extension of time — plaintiff aware of all facts 4-18 months prior to expiry of limitation period — does not satisfy s60I of Limitation Act 1969.

Clarke JA I agree with Young AJA. Powell JA I agree with Young AJA

Young AJA The claimant, the Government Insurance Office of NSW, seeks first an order that it have leave to appeal from orders made by Dent, DCJ on 24 November 1993 that the limitation period for the opponent to bring an action against the claimant be extended to 13 February 1992, and secondly, for an order that the appeal be upheld and the orders made by his Honour Judge Dent be set aside.

It is common ground that the reasons of his Honour cannot now be supported in the light of the decision of the High Court of Australia in Dedousis v Water Board (1994) 181 CLR 171. Accordingly, the Court enquired of counsel for the opponent whether they thought to support his Honour's decision. On being told that they did, counsel for the opponent were invited to address the Court first.

It is necessary to sketch briefly the facts and circumstances of this case. By her statement of claim issued on 12 February 1992 in the District Court, the opponent pleaded that at about 2 am on 6 July 1985, a motor vehicle in which she was a passenger was travelling in a northerly direction on the New England Highway at Tenterfield when it collided with a kangaroo as a result of the negligence of the driver for whom the claimant is responsible. On 17 June 1993, the opponent filed a motion in the District Court for a declaration that her statement of claim had been filed in time, or alternatively, for an extension of the limitation period until February 1992.