NSW Caselaw
New South Wales Court of Appeal
CITATION: State of NSW v Elms [2008] NSWCA 157
HEARING DATE(S): 18 June 2008
JUDGMENT DATE: 18 June 2008
JUDGMENT OF: Beazley JA at [1], [23]; Giles JA at [24]; Hodgson JA at [2]
EX TEMPORE JUDGMENT DATE: 18 June 2008
(1) Leave to appeal granted. (2) Notice of appeal to be filed within 14 days. (3) Appeal allowed. DECISION: (4) Orders below set aside. (5) Application remitted to the Common Law Division to be determined in accordance with these reasons. (6) Opponent to pay the claimant's costs of the application and appeal and have a suitor's fund certificate if otherwise eligible. (7) Opponent to pay the costs of the hearing before the Associate Judge.
CATCHWORDS: LIMITATION OF ACTION - Extension of time – Claim by police officer for psychological/psychiatric injury – Onus on plaintiff to show there can be an acceptably fair trial – Requirement to identify the issues to be tried – Need for reasonable clarity as negligence alleged against defendant – Onus to show there can be an acceptably fair trial not discharged in the absence of such clarity.
LEGISLATION CITED: Limitation Act 1969 (NSW) ss 18A, 60C, 60E
CATEGORY: Principal judgment
CASES CITED: State of New South Wales v Brennan [2004] NSWCA 206 Whybro v State of NSW [2006] NSWCA 324
PARTIES: STATE OF NEW SOUTH WALES (Claimant/Appellant) Brian ELMS (Opponent/Respondent)
FILE NUMBER(S): CA 40572/07
COUNSEL: P MENZIES QC/ D MALLON (Claimant/Appellant) B TOOMEY QC/ D J PRICE (Opponent/Respondent)
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