Henry v Commonwealth [2001] NSWSC 971

New South Wales Supreme Court

CITATION : Henry v Commonwealth [2001] NSWSC 971 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 11201/2001 HEARING DATE(S) : 26 October 2001 JUDGMENT DATE : 2 November 2001

Peter William Henry (Plaintiff) PARTIES : Commonwealth of Australia (Defendant) JUDGMENT OF : Master Harrison

Mr P Hennessy SC with Ms Kumar COUNSEL : (Plaintiff)

Mr C Hoeben SC (Defendant) Rishworth Dodd & Co (Plaintiff) SOLICITORS : Australian Government Solicitor (Defendant) CATCHWORDS : Extension of time to commence proceedings - Northern Territory Limitation Act Limitation Act 1981 (NT) LEGISLATION CITED : Commonwealth Employees' Rehabilitation and Compensation Act 1988 Freedom of Information Act (1982) (as amended) Pfeiffer v Rogerson (2000) 172 625 at 651 Georgiadis v Australian and Overseas Telecommunications Corporation (1994) 197 CLR 29 CASES CITED : Commonwealth of Australia v Mewett (1997) 191 CLR 297 Bridbane South Health Authority v Taylor (1996) 186 CLR 541; 139 ALR 1 Schenk v The Commonwealth of Australia (unreported ACTSC 10 October 1997) Commonwealth of Australia v Gill [1999] FCA 1659 DECISION : The court orders; (1) That the plaintiff is granted an extension of time within which to commence proceedings in this court for damages in respect of an accident which occurred on 10 May 1988 up to and including 16 November 2001; (2) The plaintiff is to file and serve a statement of claim on or before 16 November 2001; (3) The plaintiff is to pay the defendant's costs.