Geary v Stack [2000] NSWSC 11

New South Wales Supreme Court

CITATION : Geary v Stack [2000] NSWSC 11 CURRENT JURISDICTION: Supreme Court FILE NUMBER(S) : SC 21108/96 HEARING DATE(S) : 31/01/00, 01/02/00, 02/02/00 JUDGMENT DATE : 10 February 2000

PARTIES : Ralph Adrian Geary v David Maurice Stack & Ors T/as Stacks The Law Firm JUDGMENT OF : Brownie AJ at 1

LOWER COURT Supreme Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :

COUNSEL : J Graves SC & M R Pesman for plaintiff Burbidge QC & Mr A C Casselden for defendants SOLICITORS : Leacock & Massey for plaintiff Mallesons Stephen Jaques for defendants CATCHWORDS : Limitation of actions - extension of time - Section 60G of the Limitation Act 1969 is at best as favourable to this plaintiff as is section 58 Limitation Act 1969 LEGISLATION CITED : Limitation (Amendment) Act 1990 NSW Law Reform Commission (Limitation of Actions for Personal Injury Claims, LRC 50) DECISION : Judgment for plaintiff in amount to be agreed.

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THE SUPREME COURT NEW SOUTH WALES COMMON LAW DIVISION

BROWNIE AJ Thursday 10 February 2000 21108/96: RALPH ADRIAN GEARY v DAVID MAURICE STACK & ORS T/AS STACKS THE LAW FIR M JUDGMENT

1 HIS HONOUR : On 18 December 1980 the plaintiff was injured in an accident at work. He was then a physiotherapist employed by the Manning River District Hospital ("the hospital"). Together with another employee he was lifting a patient, when he suffered an injury initially diagnosed as strained abdominal muscles, or as a ruptured rectus abdominis muscle, which I take to be another description of the same condition.