Trudgett v Commonwealth of Australia [2006] NSWSC 575

New South Wales Supreme Court

CITATION : Trudgett v Commonwealth of Australia [2006] NSWSC 575 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 13/6/06, 14/6/06

JUDGMENT DATE : 6 July 2006

JUDGMENT OF : Bell J at 1

DECISION : Pursuant to s 60G(2) of the Limitation Act 1969 the limitation period for the cause of action in this proceeding be extended to the date on which the statement of claim was filed.

CATCHWORDS : Application for extension of the limitation period - psychiatric injury arising out of the Melbourne/Voyager collision

LEGISLATION CITED : Limitation Act 1969 Limitation Act 1623 (Imp)

Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Commonwealth of Australia v Smith [20005] NSWCA 478 CASES CITED : Holt v Wynter [2000] NSWCA 143; 49 NSWLR 128 McClean v Sydney Water Corp [2001] NSWCA 122 R v Whitbread (1995) 78 A Crim R 452

PARTIES : Edward Clive Trudgett (Applicant) Commonwealth of Australia (Respondent)

FILE NUMBER(S) : SC 20093/02

COUNSEL : G Jauncey (Applicant) P Jones (Respondent)

SOLICITORS : Hollows Solicitors (Applicant) Blake Dawson Waldron (Respondent)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

Thursday 6 July 2006

20093/02 Edward Clive Trudgett v Commonwealth of Australia

JUDGMENT 1 BELL J: This is an application brought pursuant to s 60G of the Limitation Act 1969 that the limitation period for the applicant's cause of action pleaded in his statement of claim filed on 19 March 2002 be extended for such period as the Court determines. The notice of motion was filed on the same day as the statement of claim. 2 The applicant was a naval rating on the board HMAS Melbourne on 10 February 1964, when it collided with HMAS Voyager. As the result of his experience of the collision the applicant claims to have suffered psychiatric injury. The applicant's cause of action is in negligence. 3 The applicant was born on 3 May 1943. The limitation period for his cause of action expired on 11 February 1970. 4 The applicant pleads the following particulars of injury: (a) Severe shock;