George Potkonyak v Clifford Powell [2007] NSWDC 282

Reported Decision : 6 DCLR (NSW) 101

New South Wales District Court

CITATION: George Potkonyak v Clifford Powell [2007] NSWDC 282

HEARING DATE(S): 8 December 2006, 19 February 2007 EX TEMPORE JUDGMENT DATE : 19 February 2007

JURISDICTION: Civil

JUDGMENT OF: Neilson DCJ at 1

DECISION: Summons dismissed; Plaintiff to pay defendant's costs; Pursuant to Uniform Procedure Rules 50.3(1)(b) time extended for plaintiff to appeal to the Supreme Court to fifty-six days; Exhibits to be retained.

CATCHWORDS: Application to extend time to bring action for damages against a clinical psychologist. - Psychologist had interviewed plaintiff on 3 occasions in 1996 and also had interviewed plaintiff's former wife. - Psychologist gave evidence in Family Law proceedings in Local Court on 20 January 2000. - Orders adverse to plaintiff were made by Local Court. - Those orders set aside by Family Court which conducted a hearing de novo and orders made on 11 January 2001 more adverse to plaintiff. - Further applications to Family Court and an appeal to the Full Bench of that Court were unsuccessful. - Plaintiff originally stated that his cause of action arose when the defendant gave evidence in the Local Court on 20 January 2000. - Claim reformulated to rely on actions/inactions of defendant prior to his giving evidence, in particular a failure to produce documents required on subpoena. - Held: the proposed action would be futile as the proposed defendant was entitled to claim witness immunity. - Application dismissed.

LEGISLATION CITED: Limitation Act 1969

Cabassi v Vila (1940) 64 CLR 130 Darker v Chief Constable of the West Midlands Police [2001] 1 AC 435 CASES CITED: Duke v State of New South Wales [2005] NSWSC 632 Cran v State of New South Wales (2004) 62 NSWLR 95 Giannarelli v Wraith (1988) 165 CLR 543