NSW Caselaw
Reported Decision : (2006) Aust Torts Reports 81-856
New South Wales Court of Appeal
CITATION: PEARCE v COMMONWEALTH OF AUSTRALIA [2006] NSWCA 210
HEARING DATE(S): 22 June 2006
JUDGMENT DATE: 1 August 2006
JUDGMENT OF: Handley JA at 1; Ipp JA at 2; Basten JA at 3
DECISION: Application for leave to appeal dismissed with costs.
CATCHWORDS: LIMITATION OF ACTIONS – personal injury tort – psychological injuries arising from collision between HMAS Melbourne and HMAS Voyager in 1964 – urged by wife to seek help – whether applicant knew he suffered a personal injury – when he ought to have become aware – whether just and reasonable to extend time – Limitation Act 1969 (NSW), ss60I(1)(a) and (b) and 60G
LEGISLATION CITED: Limitation Act 1969 (NSW), ss 60G, 60I Limitation of Actions Act 1958 (Vic), s 3
Blunden v Commonwealth (2003) 218 CLR 330 Commonwealth of Australia v Shaw [2006] NSWCA 209 CASES CITED: King v Goussetis (1986) 5 NSWLR 89 Pearce v Commonwealth of Australia [2005] NSWSC 359 Stingel v Clark [2006] HCA 37 Wade v Burns (1966) 115 CLR 537
PARTIES: Russell Henry Pearce (Claimant) Commonwealth of Australia (Opponent)
FILE NUMBER(S): CA 40421/05
COUNSEL: Mr I. Roberts SC/Mr J.L. Sharpe (Claimant) Mr C. Barry QC/Mr D. Brogan (Opponent)
SOLICITORS: Hollows Lawyers (Claimant) Blake Dawson Waldron (Opponent)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 20848/01
LOWER COURT JUDICIAL OFFICER: Cooper AJ
LOWER COURT DATE OF DECISION: 5 May 2005
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