Guthrie v Spence [2009] NSWCA 369

Reported Decision: 78 NSWLR 225

New South Wales Court of Appeal

CITATION: Guthrie v Spence [2009] NSWCA 369 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 8 September 2009

JUDGMENT DATE: 17 November 2009

JUDGMENT OF: Basten JA at 1; Campbell JA at 2; Handley AJA at 210

DECISION: Orders made to rectify procedural deficiencies in court below. Leave to appeal granted. Appeal dismissed with costs.

CATCHWORDS: LIMITATION OF ACTIONS – postponement of the bar – disabilities – nature of the disability required – type of affairs with respect to which the disability must relate – nature of the suspension arising from a period of disability – meaning of "cause of action" in the Limitation Act 1969 – APPEAL AND NEW TRIAL – appeal – no order made in the court below – incomplete application for leave to appeal – procedure for dealing with a purported appeal when there was no order made in the District Court below – transfer of proceedings in the District Court for the purpose of making an order – PROCEDURE – interlocutory decisions – limitation of actions – methods by which a claim that a limitation period has been suspended might be litigated – EVIDENCE – admissibility of a history recorded in a medical report – WORDS AND PHRASES – "cause of action" – "substantially" – "affairs" – "management of his or her affairs"

Civil Liability Amendment (Personal Responsibility) Act 2002 Civil Procedure Act 2005 District Court Act 1973 Evidence Act 1995 Interpretation Act 1987 LEGISLATION CITED: Limitation Act 1969 Mental Health Act 1958 NSW Trustee and Guardian Act 2009 Protected Estates Act 1983 Supreme Court Act 1970 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules