State of New South Wales v Heins [2005] NSWCA 258

New South Wales Court of Appeal

CITATION: State of New South Wales v Heins [2005] NSWCA 258

HEARING DATE(S): 24 March 2005

JUDGMENT DATE: 5 August 2005

JUDGMENT OF: Handley JA at 1; Bryson JA at 33

DECISION: 1. Appeal allowed with costs.; 2. Order of Garling DCJ of 24 June 2004 set aside except as to costs.; 3. Leave to the plaintiff to file a further amended statement of claim in the form lodged with this Court on 12 April 2005 deleting the parts disallowed by this Court.; 4. Leave to the plaintiff to amend the further amended statement of claim lodged with this Court within 28 days by filing and serving a statement of claim in conformity with the reasons and orders of this Court.; 5. Extend the limitation periods for the causes of action pleaded in the further amended statement of claim lodged with this Court on 12 April 2005 to 6 June 2003.; 6. The respondent is to have a certificate under the Suitors' Fund Act 1951.

CATCHWORDS: LIMITATION OF ACTIONS - extension of limitation period - amendment of statement of claim to limit claim to later period - amendment must prevent reliance on earlier acts or omissions - amendment cured prejudice - D

LEGISLATION CITED: Limitation Act 1969

Brodie v Singleton Shire Council (2001) 206 CLR 512 CASES CITED: Hill v Chief Constable of West Yorkshire [1989] AC 53

State of New South Wales (Claimant) PARTIES: James Sydney Heins (Opponent)

FILE NUMBER(S): CA 40599 of 2004

J Maconachie QC/D Mallon (Claimant) COUNSEL: A G Melick SC/K Earl (Opponent)

I V Knight, Crown Solicitor (Claimant) SOLICITORS: Baker & Edmunds (Opponent)

LOWER COURT JURISDICTION: District Court