NSW Caselaw
New South Wales Court of Appeal
CITATION : State of New South Wales v Young [2004] NSWCA 204 HEARING DATE(S) : 15/06/2004 JUDGMENT DATE : 15 June 2004
JUDGMENT OF : Handley JA at 1; Cripps AJA at 34 DECISION : (1) Leave to appeal granted.; (2) The claimant to file a notice of appeal within fourteen days.; (3) Appeal dismissed with costs.
CATCHWORDS : LIMITATION OF ACTIONS - extension of limitation period - Limitation Act - negligence claim by former police officer based on systemic and operational breaches of duty - no prejudice in respect of alleged systemic breaches - prejudice in respect of operational breaches - extension upheld confined to systemic breaches - D LEGISLATION CITED : Limitation Act 1969, s 60I(1)(a)(ii) and (iii) CRA Ltd v Martignano (1996) 39 NSWLR 1 CASES CITED : Dedousis v Water Board (1994) 181 CLR 171 Drayton Coal Pty Ltd v Drain (unreported, 22 August 1995, NSWCA) Harris v Commercial Minerals Ltd (1996) 186 CLR 1 PARTIES : State of New South Wales (Claimant) Ian Joseph Young (Opponent) FILE NUMBER(S) : CA 40801/03 COUNSEL : P Menzies QC/M Spartalis (Claimant) R J Burbidge QC/P J Woods (Opponent) SOLICITORS : I V Knight, Crown Solicitor (Claimant) Trenches (Opponent)
LOWER COURT District Court JURISDICTION : LOWER COURT DC 10123/01 (7913/02) FILE NUMBER(S) : LOWER COURT Phegan DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40801/03
HANDLEY JA CRIPPS AJA
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate