AYOUB v TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE DIOCESE OF PARRAMATTA [2001] NSWCA 361

New South Wales Court of Appeal

CITATION : AYOUB v TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE DIOCESE OF PARRAMATTA [2001] NSWCA 361 FILE NUMBER(S) : CA 40868/99 HEARING DATE(S) : 27 September 2001 JUDGMENT DATE : 12 October 2001

PARTIES : Sayed Ayoub - Appellant Trustees of the Roman Catholic Church for the Diocese of Parramatta - Respondent JUDGMENT OF : Mason P at 1; Sheller JA at 2; Fitzgerald AJA at 22

LOWER COURT JURISDICTION : District Court LOWER COURT 3613/99 FILE NUMBER(S) : LOWER COURT Dent DCJ JUDICIAL OFFICER :

COUNSEL : B J Gross QC/T J Boyd - Appellant D T Kennedy SC/S A Woods - Respondent SOLICITORS : Cameron Gillingham Boyd - Appellant Makinson d'Apice - Respondent CATCHWORDS : Practice and Procedure - Limitation Act 1969 - extension of time in which to commence proceedings in negligence - whether applicant has established an arguable cause of action - student injured while driving teacher's car - whether there is an arguable case in negligence against the school. LEGISLATION CITED : Roman Catholic Church Communities' Land Act 1942 Limitation Act 1969 Commonwealth v Introvigne (1982) 150 CLR 258 Salido v Nominal Defendant (1993) 32 NSWLR 524 CASES CITED: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Trustees of the Roman Catholic Church for the Diocese of Bathurst v Koffman (1996) Aust Torts Rep 81-399 at 63,596 Williams v Minister, Aboriginal Land Rights Act 1983 (1994) 35 NSWLR 497 DECISION : 1. Appeal allowed; 2. Set aside the order of Judge Dent of 21 October 1999 refusing the application; 3. Order that the limitation period for the appellant's cause of action founded on negligence for damages for personal injury against the respondent be extended for 28 days from the date of this judgment; 4. The respondent to pay the appellant's costs of the application and of this appeal.