Turagadamudamu v PMP Limited [2009] NSWCA 120

Reported Decision: 75 NSWLR 397[2010] ALMD 6590

New South Wales Court of Appeal

CITATION: Turagadamudamu v PMP Limited [2009] NSWCA 120 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 4 December 2008

JUDGMENT DATE: 26 May 2009

JUDGMENT OF: Beazley JA at 1; Ipp JA at 141; Campbell JA at 142

1. Grant leave to appeal; DECISION: 2. Appeal dismissed; 3. Set aside the order for costs made by the trial judge and note that there is no order as to costs in respect of the hearing at first instance and on appeal with the intent that the parties bear their own costs of each of those proceedings.

CATCHWORDS: LIMITATION OF ACTIONS – proceedings for damages for personal injury – statutes of limitation – expiration of primary limitation period and secondary limitation period – whether an order can be made under the Limitations Act, s 60C after the expiry of the secondary limitation period - PROCEDURE – commencement of proceedings for damages for personal injury – whether the filing of a notice of motion with a statement of claim annexed commences proceedings – whether an order can then be made nunc pro tunc - LIMITATION OF ACTIONS – proceedings for damages for personal injury – whether the statutory requirement in the Limitations Act, s 68A confers a substantive right on the opposing party

Civil Procedure Act 2005, s 16 and 63 Companies Act 1961 (Vic), s 199 Corporations Law (Cth), s 459P Fatal Accidents Act 1959 (WA), s 7 Legal Profession Act 2004, s 347 LEGISLATION CITED: Limitation Act 1969, s 11, s 18A, s 60C, s 60G, s 60H, s 63, s 78, and sch 5, cl 4.4 Limitation of Actions Act 1974 (Qld), s 31 Limitations of Actions Act 1958 (Vic), s 23A Motor Accidents Act 1988 Uniform Civil Procedure Rules 2005, Pt 6, Pt 18, r 4.10, r 6.1, r 6.2, r 6.3, r 6.5, r 6.6, r 6.24, r 6.28, r 12.11, r 18.1, r 25.2 and r 36.4 Workers Compensation Act 1987, s 151D and 151Z