TB v State of New South Wales [2012] NSWSC 143

Supreme Court New South Wales

Medium Neutral Citation: TB v State of New South Wales [2012] NSWSC 143 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: TB (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): 2008/289326