Country Waste Systems Pty Ltd v Lauren Jane Wright [2007] NSWDC 287

Reported Decision : 6 DCLR (NSW) 136

New South Wales District Court

CITATION: Country Waste Systems Pty Ltd v Lauren Jane Wright [2007] NSWDC 287

HEARING DATE(S): 20 July 2007, 23 July 2007 EX TEMPORE JUDGMENT DATE : 23 July 2007

JURISDICTION: Civil

JUDGMENT OF: Neilson DCJ at 1

DECISION: Defence pleaded has not been made out; Defendant to pay plaintiff's costs of this application; Application under section 341 of the Legal Profession Act 2004 reserved for later consideration by trial judge; Matter remitted to Registrar at Albury

CATCHWORDS: Plaintiff injured on 8 January 2004 - Proceedings commenced on 15 February 2007 - Seperate trial of issue raised by a defence under section 50C of Limitation Act 1969 - Held: action not statute barred as cause of action became discoverable to plaintiff on or about 15 September 2004 about which time (a) expert's report concerning liability was delivered to plaintiff's solicitor, and (b) plaintiff's disability commences to interfere with her working capacity - Consideration of the proper construction of Limitation Act 1969 section 50D(1)(b) - Dark v The Country Fire Authority (Stott CCJ, unreported, 21 June 2005, 4371 of 2004) - Ilardi v Forster [2006] VCC 793 - Caven v The Women's and Children's Health [2007] VSC 7 - Antonini v SRA (No 2) [2006] NSWDC 133 - Clark v Gerrard Signode Pty Ltd (Toner DCJ, unreported, 22 June 2007, 471 of 2006)

LEGISLATION CITED: Limitation Act 1969

Dark v The Country Fire Authority (Stott CCJ, unreported, 21 June 2005, 4371 of 2004) Ilardi v Forster [2006] VCC 793 CASES CITED: Caven v The Women's and Children's Health [2007] VSC 7 Antonini v SRA (No 2) [2006] NSWDC 133 Clark v Gerrard Signode Pty Ltd (Toner DCJ, unreported, 22 June 2007, 471 of 2006)