DC v State of New South Wales [2012] NSWSC 142

Supreme Court New South Wales

Medium Neutral Citation: DC v State of New South Wales [2012] NSWSC 142 Hearing dates: 21, 22 & 23 November 2011 Decision date: 01 March 2012 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1)The limitation period in relation to the plaintiff's proceedings is suspended by reason of the plaintiff's disability from the day she turned 18 until the end of 2003. (2)In the alternative, the plaintiff is granted an extension of time within which to commence proceedings against the defendants up to and including 2 May 2008. (3)Costs are reserved. Catchwords: LIMITATION PERIOD - victim of sexual abuse by step-father - action against State of NSW and Department of Youth & Community Services case worker - failure to report abuse to Police - claim of breach of duty - whether suspension of limitation period due to disability - whether extension of time should be granted - ss 52, 60G and 60I of the Limitation Act 1969 Legislation Cited: Child Welfare Act 1939 Crimes Act 1900 Crimes (Public Justice) Amendment Act 1990 Criminal Law Act 1967 (UK) Limitation Act 1969 Limitation of Actions Act 1974 (Queensland) Cases Cited: A v Hayden (1984) 156 CLR 532 Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Cain v Doyle (1946) 72 CLR 409 DC v State of New South Wales [2010] NSWCA 15 Drayton Coal Pty Limited v Drain (NSWCA, 22 August 1995, unreported) Guthrie v Spence [2009] NSWCA 369 Harris v Commercial Minerals Limited (1996) 186 CLR 1 Holt v Wynter [2000] NSWCA 143; (2000) 49 NSWLR 128 Kotulski v Attard [1981] 1 NSWLR 115 Locklier v State of New South Wales [2009] NSWSC 746 New South Wales v Harlum [2007] NSWCA 120 Olive v Johnstone [2006] NSWCA 21 Petty & Maiden v R (1991) 173 CLR 95 Saunders v Jackson [2009] NSWCA 192 State of New South Wales v Bennie [2005] NSWCA 172 Sydney City Council v Zegarac (1998) 43 NSWLR 195 Sykes v Director of Public Prosecutions [1961] 3 All ER 33 TB v State of New South Wales [2009] NSWSC 326 Texts Cited: The Oxford Nurse's Dictionary Category: Procedural and other rulings Parties: DC (Plaintiff) State of New South Wales (First Defendant) Carolyn Quinn (Second Defendant) Representation: AS Morrison SC with K Pryde (Plaintiff) I Harvey (Defendants) Graham Jones Lawyers (Plaintiff) Crown Solicitors (Defendants) File Number(s): 2008/289325