Clinton Brilley v Presidential Security Services of Australia Pty Ltd [2007] NSWDC 284

Reported Decision : 6 DCLR (NSW) 112

New South Wales District Court

CITATION: Clinton Brilley v Presidential Security Services of Australia Pty Ltd [2007] NSWDC 284

HEARING DATE(S): 3 November 2006, 8 December 2006, 23 February 2007 EX TEMPORE JUDGMENT DATE : 23 February 2007

JURISDICTION: Civil

JUDGMENT OF: Neilson DCJ at 1

DECISION: Motion Dismissed; Plaintiff to pay defendant's costs of the motion

CATCHWORDS: Plaintiff while committing an armed robbery on 23 June 2003 was shot and injured by a security guard either employed by or contracted to the defendant. - Proceedings commenced on 8 November 2005. - Application to join the security guard personally as second defendant more than 3 years after injury. - No application under Limitation Act 1969, s 60C. - Application made to join second defendant on 14 August 2006. Plaintiff claimed original 3 year limitation period had not expired as at that date as plaintiff under a "disability" for 18 months during which he was incarcerated. - Held: Plaintiff not under a "disability". - Plaintiff again incarcerated at time of this application. - Plaintiff failed to establish a prima facie case as required by the Felons (Civil Proceedings) Act 1981.

LEGISLATION CITED: Felons (Civil Proceedings) Act 1981 Limitation Act 1969

Kotulski v Attard [1981] 1 NSWLR 115 CASES CITED: Karaagac v GRE Insurance Limited (Court of Appeal, unreported, 26 April 1989, BC 890 2246) Wheeler v The Police Service (2004) 1 DCLR (NSW) 283 Morris v The State of New South Wales (unreported, 24 November 2005 Sydney 3588/2004)

PARTIES: Clinton Brilley (Plaintiff / Applicant) Presidential Security Services of Australia Pty Ltd (Defendant / Respondent)