NSW Caselaw
New South Wales Supreme Court
CITATION : Glennie v Glennie [2009] NSWSC 154
HEARING DATE(S) : 11/3/09
JUDGMENT DATE : 19 March 2009
JURISDICTION : Common Law Division
JUDGMENT OF : Kirby J
(1) I order, by consent, that the issue whether or not the plaintiff's action was statute barred be determined as a separate issue in advance of the action. DECISION : (2) I make a declaration that, by reason of the plaintiff's disability, the limitation period is suspended from running until 14 November 2006. (3) The costs on the motion should be the plaintiff's costs in the cause.
CATCHWORDS : Civil Law - limitation of action - action against father for sexual assault - and against doctor for failure to report - limitation period - whether personal injury - disability - whether limitation period suspended.
Limitation Act 1969 Child Welfare Act 1939 LEGISLATION CITED : Children (Care and Protection) Act 1987 Compensation to Relatives Act 1897 (NSW) Law Reform (Miscellaneous Provisions) Act 1944 (NSW)
CATEGORY : Principal judgment
Kotulski v Attard [1981] 1 NSWLR 115 CASES CITED : The State of New South Wales v Bennie [2005] NSWCA 172 State of New South Wales v Harlum [2007] NSWCA 120
Cassandra GLENNIE (Pl) PARTIES : Norman Steward GLENNIE (1st Def) Stephen MAMCZUK (2nd Def)
FILE NUMBER(S) : SC 2008/20096
COUNSEL : S Longhurst (Pl/App) K Burke (2nd Def/Resp)
SOLICITORS : Nikolovski Lawyers (Pl/App) TressCox Lawyers (2nd Def/Resp)
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