The Commonwealth of Australia v Duffy [2002] NSWSC 475

New South Wales Supreme Court

CITATION : The Commonwealth of Australia v Duffy [2002] NSWSC 475 revised - 30/05/2002 CURRENT JURISDICTION: Commom Law FILE NUMBER(S) : SC 20782/97 HEARING DATE(S) : 9 May 2002 JUDGMENT DATE : 9 May 2002

The Commomwealth of Australia (Appellant) PARTIES : Norman Charles Duffy (Respondent) JUDGMENT OF : O'Meally AJ at 1-37

LOWER COURT Supreme Court (Master) JURISDICTION : LOWER COURT 20782/97 FILE NUMBER(S) : LOWER COURT Master Harrison JUDICIAL OFFICER :

Mr C R R Hoeben SC with Mr D Brogan (Appellant) COUNSEL : Mr M Joseph SC with Mr W Walsh (Respondant) Australian Government Solicitor (Appellant) SOLICITORS : James Taylor & Co Agent Holman Webb (Respondent) CATCHWORDS : Appeal from Master - Ss 60G and 60I Limitation Act - plaintiff ought to have been aware personal injury had been suffered - plaintiff ought to have been aware of nature of personal injury suffered - plaintiff ought not to have been aware of connection between personal injury and defendant's act or omission - no prejudice to defendant - appeal dismissed. LEGISLATION CITED : Ss60G and 60I- Limitation Act 1969 Drayton Coal Pty Ltd v Drain (NSWCA, unreported, 22 August 1995) CRA Limited v Martingago and Ors (1995) 39 NSWLR 13 CASES CITED : Harris v Commercial Minerals Limited and Ors [1995-1996] 186 CLR 1 Itec Graphix Pty Ltd v Elliot [2002] NSWCA 104 Commonwealth of Australia v Nelson (2001) 53 NSWLR 116 DECISION : (1)The respondent is granted to 14 August 1997 an extension of time within which to commence proceedings for damages in respect of an incident which occurred on 10 February 1964.; (2)Appeal dismissed.; (3)The appellant to pay the respondent costs of this appeal.