NSW Caselaw
New South Wales Court of Appeal
CITATION: Saunders & Anor v Jackson [2009] NSWCA 192
HEARING DATE(S): 01/07/2009
JUDGMENT DATE: 10 July 2009
JUDGMENT OF: Ipp JA at 1; Macfarlan JA at 2; Hoeben J at 3
DECISION: Leave to appeal granted. The appeal be dismissed with costs.
CATCHWORDS: LIMITATION OF ACTIONS - suspension of limitation period as a result of disability under s 52 of Limitation Act 1969 (NSW) - opponent substantially impaired in management of affairs in relation to cause of action by reason of mental condition - opponent suffering from depressive illness - opponent unable to reason normally about various aspects involved in bringing a claim.
LEGISLATION CITED: Evidence Act 1995 Limitation Act 1969 (NSW)
CATEGORY: Principal judgment
Kotulski v Attard [1981] 1 NSWLR 115 at 117-118 CASES CITED: Olive v Johnstone [2006] NSWCA 21 at [61] State of New South Wales v Harlum [2007] NSWCA 120 at [61] State of New South Wales v Julianne Higgins by her tutor David Benedict O'Shea; Barnardos Australia v Julianne Higgins [2005] NSWCA 244 at [20]
Wendy Kim Saunders - Claimant PARTIES: Kenneth Brian Saunders - Claimant Nicole Ann Jackson - Opponent
FILE NUMBER(S): CA 40643/2007
COUNSEL: DA Priestley - Claimants RE Quickenden/G Dilworth - Opponent
SOLICITORS: Smyth Turner Wall - Claimants Brazel Moore - Opponent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 5828/2006
LOWER COURT JUDICIAL OFFICER: Balla DCJ
LOWER COURT DATE OF DECISION: 29 June 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40643/2007 DC 5828/2006
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