NSW Caselaw
New South Wales Supreme Court
CITATION : Azshion v North Coast Area Health Service [2006] NSWSC 769
HEARING DATE(S) : 6/07/06
JUDGMENT DATE : 14 August 2006
JURISDICTION : Common Law Division Professional Negligence List
JUDGMENT OF : Kirby J
DECISION : (1) That the plaintiff be given an extension of time in respect of the remaining causes of action until 1 January 2004; (2) That the name of the defendant be amended from Northern Rivers Area Health Service to North Coast Area Health Service; (3) That the defendant be given leave to file an Amended Defence raising justification (and providing appropriate particulars); (4) That costs be reserved.
CATCHWORDS : Applications re limitations and extension of time - action for false imprisonment - whether action for breach of duty s18A Limitation Act - 3 year limitation - application to extend time - plaintiff under disability for part of period - previous refusal to extend time for another cause of action (negligence).
Limitation Act 1969 Mental Health Act 1990 LEGISLATION CITED : Property (Relationships) Act 1984 Limitation of Actions Act 1958 (Vic) Limitation Amendment Act 1990 Compensation to Relatives Act 1897
O'Neill v Foster (2004) 61 NSWLR 499 Stingel v Clark [2006] HCA 37 CASES CITED : Kotulski v Attard [1981] 1 NSWLR 115 Williams v Minister, Aboriginal Land Rights Act 1983 & Anor (1994) 35 NSWLR 497 Carnegie v The State of Victoria & Ors (unreported, 14.9.89)
PARTIES : Craig Azshion (Pl) North Coast Area Health Service (Def)
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