Zappavigna v PQ Australia & Ors [2003] NSWSC 205

New South Wales Supreme Court

CITATION : Zappavigna v PQ Australia & Ors [2003] NSWSC 205 HEARING DATE(S) : 7 March 2003 JUDGMENT DATE : 26 March 2003 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass DECISION : I dismiss the plaintiff's Notice of Motion. The plaintiff is to pay the costs of that application. The first defendant has leave to amend the defence for the purposes of adding the limitation plea. The first defendant is to pay the costs of that application. The Exhibit may be returned.

CATCHWORDS : Summary relief - disability in relation to cause of action - nexus between disability and cause of action - issue should be left to trial or be determined as a separate question where material throws up a triable issue. LEGISLATION CITED : Limitation Act 1969, s 11 (3), s 11 (3) (b), s 52 (1) (a) - (d). Supreme Court Rules 1970, Pt 1 r 8, Pt 63. CASES CITED : N/A Giuseppe Zappavigna by his tutor Josephine Zappavigna (Plaintiff) v PARTIES : PQ Australia Pty Limited (First Defendant/Cross-Claimant/First Cross-Defendant to Second Cross-Claim) Elliott & Rose Fabrications (NSW) Pty Ltd (Second Defendant/First Cross-Defendant/Second Cross-Defendant to Second Cross-Claim) Gavin Andrew Vernon (formerly trading as D E Vernon & Co.) (Third Defendant/Second Cross-Defendant/Cross-Claimant to Second Cross-Claim) FILE NUMBER(S) : SC 20089 of 2002 Mr E Romaniuk (Plaintiff) COUNSEL : Mr M J Stevens (First Defendant/Cross-Claimant/First Cross-Defendant to Second Cross-Claim) N/A (Second Defendant/First Cross-Defendant/Second Cross-Defendant to Second Cross-Claim) Mr R C Titterton (Third Defendant/Second Cross-Defendant/Cross-Claimant to Second Cross-Claim) Deacons (Plaintiff) SOLICITORS : Minter Ellison (First Defendant/Cross-Claimant/First Cross-Defendant to Second Cross-Claim) Henshaws Solicitors (Second Defendant/First Cross-Defendant/Second Cross-Defendant to Second Cross-Claim) Pike Pike & Fenwick (Third Defendant/Second Cross-Defendant/Cross-Claimant to Second Cross-Claim)