Baker-Morrison v State of NSW [2008] NSWDC 129

Set aside by Appeal : 7 DCLR (NSW) 186

New South Wales District Court

CITATION: Baker-Morrison v State of NSW [2008] NSWDC 129

HEARING DATE(S): 17 June 2008

JUDGMENT DATE: 27 June 2008

JURISDICTION: District Court Civil Jurisdiction

JUDGMENT OF: Johnstone DCJ at 1

DECISION: 1. The Statement of Claim is struck out and the proceedings are dismissed. 2. The plaintiff is to pay the defendant's costs of the proceedings including the motions that were filed, on the ordinary basis.

CATCHWORDS: LIMITATION OF ACTIONS - 3 year post discoverability limitation period - when did the plaintiff discover the injury was caused by the fault of the defendant and that the injury was sufficiently serious to justify the bringing of an action so as to commence the running of time for the limitation period

Limitation Act 1969: s 50C and s 50D LEGISLATION CITED: Civil Liability Amendment (Personal Responsibly) Act 2002 Civil Liability Act 2002

Caven v Women's and Children's Health [2007] VSC 7 Russo v Aiello [2003] HCA 53 at [121] Brisbane South Regional Health Authority v Taylor [1996] HCA 25 at [ 7] Halford v Brookes (1991) 1 WLR 428 Antonini v SRA (No 2) [2006] NSWDC133 CASES CITED: Country Waste Systems Pty Limited v Wright [2007] NSWDC 287 Perez v Instant Access Australia Pty Limited [2007[ NSWDC 182 Ozturk v NSW Department of Housing (unreported, NSWDC, McGrowdie J, 24.8.07) Toppin v Coles Myer Ltd [2007] NSWDC 256 Frizelle v Bauer (unreported, NSWDC, McGrowdie J, 27.11.07) Bet v UTS Haberfield Club Limited (unreported, NSWDC, Elkaim J, 18.6.08) Rawle v South State Industrial Supplies Pty Limited (unreported, NSWDC, Goldring J, 17.4.08)