Brodie v Commonwealth of Australia [1999] NSWSC 423

New South Wales Supreme Court CITATION : Brodie v Commonwealth of Australia [1999] NSWSC 423 revised - 23/08/99 CURRENT JURISDICTION : Common Law Division FILE NUMBER(S) : 20187/97 HEARING DATE(S) : 12 March 1999 JUDGMENT DATE : 17 May 1999

PARTIES : David Andrew Brodie v Commonwealth of Australia JUDGMENT OF : Master Harrison

Mr Letherbarrow (Plaintiff) COUNSEL : Mr C Ktenas (Solicitor) (Defendant) Mr David M Stack Stacks Taree SOLICITORS : (Plaintiff)

Mr C Ktenas Australian Government Solicitors CATCHWORDS : Extension of time - Limitation of Actions Act 1958, Victoria Limitation of Action Act 1958 (Victoria) ACTS CITED : The Choice of Law (Limitation Periods) Act 1993 Limitation of Actions (Personal Injury Claims) Act 1983 Hickey v Women's and Children's Health Care Network (unreported, 11 June 1998, Supreme Court, Victoria) CASES CITED : Mason v Mason [1997] 1 VR 325 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; 139 ALR 1 DECISION : Paras 20 & 21

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THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MASTER HARRISON

MONDAY, 17 MAY 1999

20187/97 - DAVID ANDREW BRODIE v COMMONWEALTH OF AUSTRALIA

JUDGMENT (Extension of time - Limitation of Actions Act 1958, Victoria)

1 MASTER: By notice of motion filed 10 March 1997 the plaintiff seeks an extension of time within which to commence proceedings. The accident for which the plaintiff seeks the extension of time occurred on 2 November 1972 at Bendiana Army Barracks in the State of Victoria. The orders sought were opposed. The plaintiff relied on his affidavits sworn 26 September 1996 and 2 April 1998 and the affidavits of his solicitor, David Maurice Stack sworn 15 October 1997 and 11 March, 1999. The defendant relied on the affidavits of Con Ktenas sworn 29 January 1997 and 20 March, 1997. 2 The plaintiff gave evidence and was cross examined and I formed the opinion that he was truthful and articulate. At times when the plaintiff was recounting his evidence he became visibly upset. 3 For the purposes of this application I find the following facts. (1) The plaintiff was born on 31 July 1951 at Bega.