Raymond Archer Smith v Commonwealth of Australia [2006] NSWSC 796

New South Wales Supreme Court

CITATION : Raymond Archer Smith v Commonwealth of Australia [2006] NSWSC 796

HEARING DATE(S) : 19/07/2006

JUDGMENT DATE : 10 August 2006

JUDGMENT OF : Hoeben J at 1

DECISION : The limitation period is extended pursuant to s60G of the Limitation Act 1969 (as amended) up to and including 12 September 2001. Each party to pay his or its own costs of this application.

CATCHWORDS : Limitation of actions - sailor on HMAS Melbourne - whether plaintiff ought to have been unaware of nature and extent of personal injury - whether plaintiff ought to have been unaware of connection between personal injury and act or omission of defendant - whether just and reasonable to grant an extension of time - whether fair trial possible - costs order to reflect way in which matter conducted.

LEGISLATION CITED : Compensation to Relatives Act 1897 Limitation Act 1969 (as amended)

Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Commonwealth of Australia v Diston [2003] NSWCA 51 Commonwealth of Australia v McLean (1997) 41 NSWLR 389 Commonwealth of Australia v Shaw [2006] NSWCA 209 at [78] CASES CITED : Commonwealth of Australia v Smith [2005] NSWCA 478 Drayton Coal Pty Limited v Drain (Court of Appeal, unreported, 22 August 1995) Holt v Wynter (2000) 49 NSWLR 128 at 146/7 Parsons v Doukas (2001) 52 NSWLR 163 South Western Sydney Area Health Service v Gabriel [2001] NSWCA 477 Telstra Corporation v Rea [2002] NSWCA 49

PARTIES : Raymond Archer Smith - Plaintiff Commonwealth of Australia - Defendant