NSW Caselaw
New South Wales Court of Appeal
CITATION: Whybro v. The State of New South Wales [2006] NSWCA 324
HEARING DATE(S): 25 September 2006
JUDGMENT DATE: 23 November 2006
JUDGMENT OF: Hodgson JA at 1; Santow JA at 38; McColl JA at 39
DECISION: 1. Leave to appeal granted. 2. Claimant to file Notice of Appeal within 14 days. 3. Appeal allowed. 4. Orders of primary judge of 20 July 2005 set aside, except as to costs. 5. Grant claimant an extension to 25 July 2003 of the limitation period for the commencement of an action in tort against the opponent in respect of matters referred to in the existing Statement of Claim, subject to the issues raised by the claimant being limited to those set out in par.[28]. 6. Leave to claimant to file an Amended Statement of Claim within 28 days. 7. Opponent to pay the claimant's costs of the application and appeal.
CATCHWORDS: LIMITATION OF ACTIONS - Extension of time - Police officer claims damages for post-traumatic stress disorder - Substance of case in negligence is allegation of systemic negligence - Particulars not so limited - Whether primary judge erred in treating case as a wider case rather than considering the imposition of a condition limiting the claim.
LEGISLATION CITED: Limitation Act 1969 (NSW) ss.60C, 60G, 60I
CASES CITED: State of New South Wales v. Brennan [2004] NSWCA 206 The State of New South Wales v Donnelly [2004] NSWCA 133
PARTIES: Suzana Catherine Whybro - claimant The State of New South Wales - opponent
FILE NUMBER(S): CA 40658/05
COUNSEL: Mr. S.G. Campbell SC with Mr. D. Wilson for claimant Mr. J.E. Marshall SC with Mr. C. Lonergan for opponent
SOLICITORS: Stacks, Taree for claimant I.V. Knight, Crown Solicitor for opponent
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