Sanders v Commonwealth of Australia [2006] NSWSC 574

New South Wales Supreme Court

CITATION : Sanders v Commonwealth of Australia [2006] NSWSC 574

HEARING DATE(S) : 8/6/06, 9/6/06

JUDGMENT DATE : 6 July 2006

JUDGMENT OF : Bell J at 1

DECISION : Pursuant to s 60G(2) of the Limitation Act 1969 (NSW) the limitation period for the cause of action in this proceeding 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

Blyth v Commonwealth [2005] NSWSC 721 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 CASES CITED : Commonwealth v Diston [2003] NSWCA 51 Commonwealth of Australia v Smith [2005] NSWCA 478 Holt v Wynter (2000) 49 NSWLR 128 McClean v Sydney Water Corp [2001] NSWCA 122

PARTIES : Ken Steven Sanders (Applicant) Commonwealth of Australia (Respondent)

FILE NUMBER(S) : SC 20123/02

COUNSEL : D Priestley (Applicant) P Jones / I McLachlan (Respondent)

SOLICITORS : Hollows Solicitors (Applicant) Australian Government Solicitors (Respondent)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

Thursday 6 July 2006

20123/02 Ken Steven Sanders v Commonwealth of Australia

JUDGMENT 1 BELL J: This is an application, brought pursuant to s 60G of the Limitation Act 1969 (the Act), that the limitation period for the applicant's cause of action pleaded in his statement of claim filed on 5 April 2002 be extended for such period as the Court determines. The notice of motion claiming the order was filed on the same day as the statement of claim. 2 The applicant was a naval rating on board HMAS Melbourne on 10 February 1964 when it collided with HMAS Voyager. The applicant's cause of action is pleaded in negligence. He claims to have suffered psychiatric injury as the result of his experience of the collision.