Glen Miller Rawle v Southstate Industrial Supplies Pty Ltd [2008] NSWDC 70

Reported Decision : 7 DCLR (NSW) 134

New South Wales District Court

CITATION: Glen Miller Rawle v Southstate Industrial Supplies Pty Ltd [2008] NSWDC 70

HEARING DATE(S): 17 April 2008 EX TEMPORE JUDGMENT DATE : 17 April 2008

JURISDICTION: Civil

JUDGMENT OF: Goldring DCJ

DECISION: Dismiss application.

CATCHWORDS: PROCEDURE - Limitation time at which plaintiff became aware that injury sufficiently serious to justify action

Limitation Act 1969 LEGISLATION CITED: Motor Accidents Compensation Act 1999 Civil Liability Act 2002

Perez v Instant Access Australia Pty Ltd [2007] NSWDC 182 CASES CITED: Telstra Corporation v Rea [2002] NSWCA 49 DoCarmo v Ford Excavations Pty Ltd (1984) 154 CLR 234

PARTIES: Glen Miller Rawle (Respondent/Plaintiff) Southstate Industrial Supplies Pty Ltd (Applicant/Defendant)

FILE NUMBER(S): 2253 of 2007

COUNSEL: V Jurisich (Respondent/Plaintiff) G M Watson SC with T Berberian (Applicant/Defendant)

SOLICITORS: P.K. Simpson & Co (Respondent/Plaintiff) Wotton & Kearney (Applicant/Defendant)

JUDGMENT

1 HIS HONOUR: On 30 May 2007 the respondent plaintiff, Glen Miller Rawle, filed a Statement of Claim in this Court against the applicant, Southstate Industrial Supplies Pty Limited. He claimed damages as compensation for personal injuries caused by the applicant's negligence. It is not clear whether that negligence is alleged because the applicant was occupier of premises, or because it was the owner of a forklift which was operated in such a way as to cause a heavy object to fall on the respondent, resulting in injuries to his right leg, or on other bases. There are a number of causes of action pleaded.