ANTONINI v SRA (No 2) [2006] NSWDC 133

New South Wales District Court

CITATION: ANTONINI v SRA (No 2) [2006] NSWDC 133

HEARING DATE(S): 28.11.06 EX TEMPORE JUDGMENT DATE : 11/28/2006

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. The defendant's motion is dismissed; 2. The plaintiff is to pay the costs of the proceedings on 25 October 2006; 3. The defendant is to pay the plaintiff's costs of today's proceedings; 4. The affidavit materials and the extracts provided are returned.

CATCHWORDS: DATE OF DISCOVERABILITY

LEGISLATION CITED: Limitation Act 1969 (NSW) Motor Accidents Compensation Act 1999

PARTIES: Helen Antonini State Rail Authority

FILE NUMBER(S): Newcastle 376/06

Plaintiff-Respondent - C A W Hart COUNSEL: Defendant-Applicant - K W Andrews

Bale Boshev SOLICITORS: Gillis Delaney Lawyers

JUDGMENT

HER HONOUR

1 Mrs Antonini has claimed against the State Rail Authority in respect of an incident that occurred on 30 July 2003. Her statement of claim was filed on 11 August 2006. The defendant, by application, seeks an order dismissing the proceedings on the basis that they were commenced outside the time limit imposed by section 50C of the Limitation Act 1969.

2 I initially heard argument on 25 October 2006 as to which of the Limitation Act or the Motor Accidents Compensation Act 1999 was to be applied in determining the appropriate limitation period. On 15 November, I delivered reasons for accepting the propositions of the State Rail Authority that the Limitation Act applied.

3 The parties returned today for further argument concerning the date of discoverability in order to determine when the three year limit imposed by section 50C of the Act commenced.