NSW Caselaw
New South Wales Court of Appeal
CITATION: Olive & Anor v Johnstone [2006] NSWCA 21
HEARING DATE(S): 31 October 2005
JUDGMENT DATE: 21 February 2006
JUDGMENT OF: Handley JA at 1; Santow JA at 2; Tobias JA at 66
DECISION: See para [65]: ; (1) Leave to appeal granted from the decision of Curtis DCJ of 8 February 2005. ; (2) That the appeal be upheld. ; (3) That the opponent's Notices of Motion filed 15 and 29 December 2004 be dismissed. ; (4) That the respondent pay the claimants' costs of the appeal and the notices of motion, but grant to the respondent a certificate under the Suitors' Fund Act, if otherwise qualified.
CATCHWORDS: PRACTICE AND PROCEDURE – Whether relevant limitation period suspended – Limitation Act 1969 (NSW) s11 and s18A - Whether evidence absent that relevant disease or impairment of opponent's mental condition existed for a continuous period of 28 days or upwards having regard, inter alia, to his close involvement in litigation - whether nature of disability sufficient to suspend limitation period - Whether evidence sufficient in relation to physical disability to satisfy s11(3).
LEGISLATION CITED: Limitation Act 1969 (NSW) s11; s14; s18A; s52; s60 Supreme Court Act 1970 (NSW) s75A(7)
CASES CITED: Kotulski v Attard [1981] 1 NSWLR 115
Dion Leonard OLIVE (First Claimant) PARTIES: STATE OF NEW SOUTH WALES (Second Claimant) Adam Christopher JOHNSTONE (Opponent)
FILE NUMBER(S): CA 40145/05
COUNSEL: G GAIGOS (Claimants) A C JOHNSTONE (in Person)
SOLICITORS: I V Knight, Crown Solicitor (Claimants) A C Johnstone (Opponent)
LOWER COURT JURISDICTION: District Court
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