Eijkman v Magann; McGloin v Magann; Trustees of the Roman Catholic Church of the Diocese of Parramatta v Magann [2005] NSWCA 358

New South Wales Court of Appeal

Eijkman v Magann; McGloin v Magann; Trustees of the Roman Catholic Church of the Diocese of Parramatta v Magann [2005] NSWCA 358 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 16 September 2005

JUDGMENT DATE: 4 November 2005

JUDGMENT OF: Giles JA at 1; Hodgson JA at 123; Hunt AJA at 129

DECISION: (1) Grant leave to appeal; (2) Appeal allowed; (3) Set aside the orders made by Sorby DCJ on 12 November 2004 and in lieu thereof order that the amended notice of motion be dismissed with costs; (4) Respondent to have a certificate under the Suitors Fund Act if otherwise qualified.

CATCHWORDS: Limitations - extension of time - whether plaintiff aware of the extent of personal injury suffered - eventual diagnosis of psychiatric condition and prognosis if no treatment - did not establish extent of injury of which plaintiff was unaware - if it did, whether just and reasonable to extend time - awareness extensive, and aware that could sue to obtain compensation - not just and reasonable. D

The Commonwealth of Australia v Dinnison (1995) 56 FCR 403; The Commonwealth of Australia v Diston [2003] NSWCA 51; The Commonwealth of Australia v Nelson [2001] NSWCA 443; Cranbrook School v Stanley [2002] NSWCA 290; Drayton Coal Pty Ltd v Drain (Court of Appeal, 22 August 1995, unreported); CASES CITED: Harris v Commercial Minerals Ltd (1966) 186 CLR 1; House v The King (1936) 55 CLR 499; State of New South Wales v Young [2004] NSWCA 204; Williams v Minister, Aboriginal Land Rights Act (1994) 35 NSWLR 497; Woodhead v Elbourne (2001) 1 Qd R 220.