NSW Caselaw
New South Wales Court of Appeal
CITATION: Jones v Hamersley Resources Limited [2005] NSWCA 371
HEARING DATE(S): 28 July 2005
JUDGMENT DATE: 31 October 2005
JUDGMENT OF: Santow JA at 1; Mathews AJA at 79
DECISION: Leave to appeal denied. Claimant to pay opponent's costs.
CATCHWORDS: PROCEDURE - leave to appeal - claimant contends he suffered continued negligence with respect to his employment between 1964 to 1973 resulting in hearing difficulties - whether extent of unavailability of evidence and witnesses regarding factual issues in dispute renders trial unfair were limitation period extended - whether claimant's delay in bringing action, once aware of his rights, adequately explained.
LEGISLATION CITED: Limitation Act 1969 of NSW s60G(2); s60I
Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Cowie v State Electricity Commission of Victoria [1964] VR 788 Holt v Wynter (2000) 49 NSWLR 128 Italo Martini v NBH Limited (Hungerford ADCJ DC 9191/02, 10 July 2003, unreported) CASES CITED: Jones v Royal Hospital for Women [1998] NSWCA 384 McLean v Sydney Water Corp [2001] NSWCA 122 Salido v Nominal Defendant (1993) 32 NSWLR 524 South Western Sydney Area Health Service v Gabriel [2001] NSWCA 477 Sydney City Council v Zegarac (1998) 43 NSWLR 195
Robert JONES (Claimant) PARTIES: HAMERSLEY RESOURCES LIMITED (Opponent)
FILE NUMBER(S): CA 40935/03
K W ANDREWS (Claimant) COUNSEL: G R GRAHAM (Opponent)
Sowden Akerman (Claimant) SOLICITORS: Cutler Hughes & Harris (Opponent)
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