Antonini v SRA (No 1) [2006] NSWDC 128

New South Wales District Court

CITATION: Antonini v SRA (No 1) [2006] NSWDC 128

HEARING DATE(S): 25/10/06 EX TEMPORE JUDGMENT DATE : 11/15/2006

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. The question of whether the time for commencement of proceedings is to be extended is to be determined pursuant to s 50C of the Limitation Act 1969. The parties have liberty to approach the Registrar forthwith for a date for the hearing of the plaintiff's application pursuant to that provision ; 2. The motion is adjourned to that date; 3. Costs of the motion are reserved pending the outcome of the hearing; 4. The plaintiff is to file and serve any affidavit upon which she relies in support of the application by not later than 4pm on Friday 17 November 2006; 5. Any affidavit material in reply is to be filed and served by not later than 4pm on 24 November 2006.

CATCHWORDS: INTERLOCUTORY - STATUTORY CONSTRUCTION

Limitation Act 1969 LEGISLATION CITED: Motor Accidents Compensation Act 1999 Transport Administration Act 1998.

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 In this matter Helen Antonini has commenced proceedings against the State Rail Authority of New South Wales on the basis that her proceedings relate to a public transport accident as defined by the Transport Administration Act 1998.

2 She was injured in a fall from a train on 30 July 2003. Her proceedings were commenced on 11 August 2006, that is, three years and twelve days after the date of her accident.