SDW v Church of Jesus Christ of Latter-Day Saints [2008] NSWSC 1249

New South Wales Supreme Court

CITATION : SDW v Church of Jesus Christ of Latter-Day Saints [2008] NSWSC 1249

HEARING DATE(S) : 17 November 2008 - 20 November 2008

JUDGMENT DATE : 27 November 2008

JUDGMENT OF : Simpson J

1. The second further amended summons is dismissed; DECISION : 2. The plaintiff is to pay the defendant's costs; 3. (a) I exclude from order 2, any costs associated with the preparation and photocopying and presentation of 7 lever arch folders of documents; (b) I exclude from order 2 the costs associated with the preparation and presentation of the argument that the Constitution of Australia has any bearing on the proceedings, and of the notices pursuant to s 78B of the Judiciary Act 1903.

CATCHWORDS : LIMITATION OF ACTION - application for extension of time - action for damages for personal injury - material fact of decisive character - plaintiff's means of knowledge - commencement of action occurs upon commencement of substantive proceedings - statement of claim not filed - power of the court to give retrospective effect to orders - orders nunc pro tunc - extent of plaintiff's psychiatric condition - discretionary power to grant extension - plaintiff required to establish duty of care and breach causing injury - Limitation of Actions Act (Qld) s 31, UCPR Pt 36.4(3) - CONSTITUTIONAL LAW - whether the Constitution recognises the free exercise of religion subject to state legislation - whether a law interfering with the confidentiality of religious confession is made invalid by s 116 of the Constitution - PRACTICE AND PROCEDURE - excess documents put before the court - excessive photocopying - delay - cost order

Limitation Act 1969 NSW LEGISLATION CITED : Limitation of Actions Act 1974 QLD Judiciary Act 1903 Uniform Civil Procedure Rules