Commonwealth of Australia v William Richard Nelson [2001] NSWCA 443

New South Wales Court of Appeal

CITATION : Commonwealth of Australia v William Richard Nelson [2001] NSWCA 443 FILE NUMBER(S) : CA 41062/00 HEARING DATE(S) : 16 November 2001 JUDGMENT DATE : 30 November 2001

Commonwealth of Australia PARTIES : v William Richard Nelson JUDGMENT OF : Sheller JA at 1; Hodgson JA at 2; Rolfe AJA at 3

LOWER COURT JURISDICTION : District Court LOWER COURT 8272/98; 7684/99 FILE NUMBER(S) : LOWER COURT Robison DCJ JUDICIAL OFFICER :

COUNSEL : Appellant - C R R Hoeben SC Respondent - J A Loxton SOLICITORS : Appellant - Australian Government Solicitor Respondent - Low Doherty & Stratford Blacktown CATCHWORDS : LIMITATION OF ACTIONS - postponement of bar - appeal against grant of extension of time under s 60G Limitation Act 1969 - cause of action to recover damages for post traumatic stress disorder - whether applicant was aware, or ought to have been aware, of "nature [and] extent of injury" more than 3 years before making application to extend time - aware of symptoms but not aware of diagnosis as post traumatic stress disorder - s 60I(1)(a)(ii), s 60I(1)(b) - exercise of discretion under s 60G(2) - relevant considerations - what applicant knew or ought to have known about nature and extent of injury LEGISLATION CITED : Limitation Act 1969 CRA v Martignago & Anor [1996] 39 NSWLR 13 CASES CITED: Harris v Commercial Minerals Limited & Ors (1996) 186 CLR 1 Commonwealth of Australia v Dinnison (1995) 56 FCR 389 Drayton Coal Pty Limited v Drain (C/A 22/8/95 unrep) DECISION : That the Application for Leave to Appeal be granted; That the appeal be allowed ; That the orders made by Robison DCJ on 15 December 1999 be set aside, and in lieu thereof that the opponent's Notice of Motion be dismissed with costs; That the opponent pay the claimant's costs of the application for leave and the appeal, and have a certificate if otherwise qualified.