NSW Caselaw
New South Wales Court of Appeal
CITATION: Michael Brown v State of New South Wales [2008] NSWCA 287
HEARING DATE(S): 18 August 2008
JUDGMENT DATE: 6 November 2008
JUDGMENT OF: Spigelman CJ at 1; Beazley JA at 43; Handley AJA at 44
1 Leave to extend time to appeal from the judgment of Sidis DCJ of 15 April 2003 refused. DECISION: 2 Appeal from the judgment of Macready AsJ of 20 September 2006 dismissed. 3 The appellant/applicant to pay the respondent's costs.
CATCHWORDS: LIMITATION OF ACTIONS – Application for extension of time - Consideration of strength of claim - Delay - Prejudice - discretionary factors under Limitation Act 1969 - EQUITY - Fiduciary duty - Whether conduct constituting assault capable of constituting a breach of fiduciary duty – Alleged sexual abuse of child by employees of Department of Community Services
LEGISLATION CITED: Limitation Act 1969
Breen v Williams (1996) 186 CLR 71 Commonwealth v Smith [2005] NSWCA 478 Harris v Digital Pulse Pty Ltd [2003] NSWCA 10; (2003) 56 NSWLR 298 CASES CITED: Hornby v The Nominal Defendant [2007] NSWCA 222 House v The King (1936) 55 CLR 499 Paramasivam v Flynn (1998) 90 FCR 489 Webber v New South Wales [2003] NSWSC 1263; (2003) 31 Fam LR 425
PARTIES: Michael Brown (Appellant/Applicant) State of New South Wales (Respondent)
FILE NUMBER(S): CA 40837/07; CA 40022/07
COUNSEL: B Hull, L Grindlay (Appellant/Applicant) J Graves SC, L Boyd (Respondent)
SOLICITORS: Crown Solicitors Office (Respondent)
LOWER COURT JURISDICTION: DC 912/01 District Court of New South Wales; SC 6216/03 Supreme Court of New South Wales
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