Wood v The Commonwealth of Australia [2005] NSWSC 1263

New South Wales Supreme Court

CITATION : Wood v The Commonwealth of Australia [2005] NSWSC 1263

HEARING DATE(S) : 22,23 September 2005

JUDGMENT DATE : 8 December 2005

JUDGMENT OF : Patten AJ at 1

DECISION : See paragraph 48

LEGISLATION CITED : Limitation Act 1969

Watts v Rake (1960-61) 34 ALJR 186 CASES CITED : Commonwealth v McLean 41 NSWLR 389 at 395 Harris v Commercial Minerals Ltd (1956) 135 ALR 353

John Edward Wood - Plaintiff PARTIES : The Commonwealth of Australia - Defendant

FILE NUMBER(S) : SC 20923 0f 2001

Mr P Hennessy SC with Mr J Sharpe - Plaintiff COUNSEL : Mr C Barry QC with Mr I McLachlan - Defendant

Hollows - Plaintiff SOLICITORS : Australian Government Solicitor - Defendant

LOWER COURT JURISDICTION :

- 21 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Patten AJ

8 December 2005

No: 20923 of 2001

John Edward Wood v Commonwealth of Australia

JUDGMENT 1 On 13 November 2001, the Plaintiff filed a Statement of Claim in this court seeking damages from the Defendant for the emotional and psychological sequale of an alleged act of negligence by the Defendant, committed on 10 February 1964 when HMAS Melbourne, upon which the Plaintiff was serving as a member of the Royal Australian Navy, collided with and sank HMAS Voyager upon the high seas, some 20 miles south east of Jervis Bay. The Defendant does not deny that the collision resulted from the negligence of person for whose negligence it is responsible. 2 In anticipation that the Defendant would assert (as indeed eventuated) that his cause of action was statute barred, the Plaintiff, by Notice of Motion filed with his Statement of Claim, sought relief by way of orders as follows: "1. That pursuant to Section 60G of the Limitation Act 1969 (NSW) the limitation period for the cause of action in this proceeding be extended for such period as the Court determines. 2. Further or in the alternative, an Order pursuant to section 58 of the Limitation Act 1969 (NSW) extending the limitation period. 3. Further an Order under 36 of the Limitations Act 1985 (ACT) that the limitation period be extended for such period as the court determines. 4. Further or in the alternative, an Order pursuant to Section 23 A of the Limitation of Actions Act 1958 (VIC) extending the limitation period. 5. Such further or other relief as to the Court seems fit.