NSW Caselaw
New South Wales Court of Appeal
CITATION: State of New South Wales v Julianne Higgins by her tutor David Benedict O'Shea; Barnardos Australia v Julianne Higgins [2005] NSWCA 244
HEARING DATE(S): 7 July 2005
JUDGMENT DATE: 7 July 2005
JUDGMENT OF: Handley JA at 1; Campbell AJA at 24; Adams J at 25
DECISION: 1. Leave to appeal granted.; 2. Notices of appeal to be filed and served within 10 days.; 3. Appeals dismissed with costs.
CATCHWORDS: LIMITATION OF ACTIONS - disability - mental illness - automatic extension of limitation period - plaintiff entitled to three year extension from date of last period of disability - D
LEGISLATION CITED: Limitation Act 1969
Cloverdell Lumber Co Pty Ltd v Abbott (1924) 34 CLR 122 CASES CITED: Shortland Electricity v O'Connor [1999] NSWCA 87
CA 40708 of 2004 State of New South Wales (Claimant) Julianne Higgins by her tutor David Benedict O'Shea (Opponent)
PARTIES: CA 40710 of 2004 Barnardos Australia (Claimant) Julianne Higgins (Opponent)
FILE NUMBER(S): CA 40708 of 2004; CA 40710 of 2004
CA 40708 of 2004 P Menzies QC/C F Hodgson (Claimant) R Toner SC/T Hickie (Opponent) COUNSEL: CA 40710 of 2004 J Marshall SC/R Gambi (Claimant) R Toner SC/T Hickie (Opponent)
CA 40708 of 2004 I V Knight, Crown Solicitor (Claimant) Hilton King (Opponent) SOLICITORS: CA 40710 of 2004 Phillips Fox (Claimant) Hilton King (Opponent)
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