NSW Caselaw
New South Wales Supreme Court
Lloyd v Bambach & Anor [2005] NSWSC 80 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 15, 16, 17 February 2005
JUDGMENT DATE : 23 February 2005
JURISDICTION : Common Law Division
JUDGMENT OF : Master Malpass at 1
DECISION : 1. The limitation period for the causes of action pleaded in the statement of claim is extended up to and including 11 December 2002; 2. The question of costs is reserved; 3. The papers are referred to the Prothonotary for consideration of whether the matter should be referred to the appropriate authorities; 4.The exhibits may be returned thereafter.
CATCHWORDS : Extension of limitation period - sexual assaults by teacher on schoolboy - personal knowledge of connection between personal injury and acts and omissions of second defendant - prejudice.
LEGISLATION CITED : Limitation Act 1969 ss60E, 60G, 601
CASES CITED : New South Wales v Lapore (2003) 212 CLR 511
Gerard Gregory Lloyd (Plaintiff) PARTIES : Anthony Gerard Bambach (First Defendant) Trustees of the Roman Catholic Church for the Archdiocese of Newcastle/Maitland (Second Defendant)
FILE NUMBER(S) : SC 20567/02
Dr A S Morrison SC & Mr A Stone (Plaintiff) COUNSEL : Mr R Keller (First Defendant) Mr P E Blacket SC (Second Defendant)
McLachlan Chiltern (Plaintiff) SOLICITORS : Pickering Priestley (First Defendant) Holman Webb (Second Defendant)
LOWER COURT JURISDICTION :
- 11 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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