Yousefi v The Commonwealth of Australia [2012] NSWSC 967

Supreme Court New South Wales

Medium Neutral Citation: Yousefi v The Commonwealth of Australia [2012] NSWSC 967 Hearing dates: 20 and 21 August 2012 Decision date: 20 December 2012 Jurisdiction: Common Law Before: Davies J Decision: (1) Extend time to 3 May 2010 for the Plaintiff to commence the present proceedings against the First, Second and Third Defendants. (2) Extend time to 3 May 2010 for the Plaintiff to commence the present proceedings against the Fourth Defendant limited to a cause or causes of action not based on events which occurred after 1 May 2004. (3) Costs of the application are the Defendants' costs in the proceedings. Catchwords: LIMITATION OF ACTIONS - application to extend - Limitation of Actions Act 1936 (SA) - whether material facts ascertained within 12 months prior to commencement of proceedings - claim by refugee for post-traumatic stress disorder as a result of conditions in detention centres - whether just to extend time - whether sufficient explanation for delay - prejudice to the defendants. PROCEDURE - costs - appropriate costs order where applicant for extension successful - unreasonable behaviour by applicant in the way the application was run. Legislation Cited: Coal & Allied Operations Pty Ltd v Springer [2003] NSWCA 271 Choice of Law (Limitation Periods) Act 1993 (NSW) Civil Liability Act 2002 Law Reform (Ipp Recommendations) Act 2004 Limitation Act 1969 (NSW) Limitation of Actions Act 1936 (SA) Uniform Civil Procedure Rules Cases Cited: ASB-Tech Services Pty Lty (in liquidation v Doeland [2003] NSWCA 167 Bellingen Shire Council v Colavon Pty Limited [2012] NSWCA 34 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Commonwealth of Australia v Lewis [2007] NSWCA 127 Commonwealth of Australia v Smith [2005] NSWCA 478 Holt v Wynter [2000] NSWCA 143 Itek Graphix Pty Ltd v Elliott [2002] NSWCA 104 Jones v Dunkel (1959) 101 CLR 298 Locklier v The State of NSW [2009] NSWSC 746 Napolitano v Coyle (1977) 15 SASR 559 Rundle v Salvation Army (South Australia Property Trust) [2007] NSWSC 443 Salvation Army (South Australia Property trust) v Graham Rundle [2008] NSWCA 347 Shayan Badraie bht Mohammad Saeed Badraie v Commonwealth of Australia and Ors [2005] NSWSC 1195 Sola Optical Australia Pty Ltd v Mills (1987) 163 CLR 628 Sydney City Council v Zegarac (1998) 43 NSWLR 195 Wright v Donatelli (unreported - Supreme Court of South Australia Full Court - 20 October 1995) Zambo v The State of South Australia [2007] SASC 62 Category: Interlocutory applications Parties: Mehrnoosh Yousefi (Plaintiff) The Commonwealth of Australia (by the Department of Immigration, Multicultural and Indigenous Affairs) (First Defendant) Australasian Correctional Services Pty Ltd (Second Defendant) The GEO Group Australia Pty Ltd (formerly known as Australasian Correctional Management Pty Ltd (Third Defendant) G4S Australia Pty Ltd (formerly known as GSL Australia Pty Ltd and Group 4 Falck Global Solutions Pty Ltd (Fourth Defendant) Representation: Counsel: Dr A S Morrison SC & R Royle (Plaintiff) P S Jones (First Defendant) N E Chen (Second & Third Defendants) C Purdy (Fourth Defendant) Solicitors: Slater & Gordon (Plaintiff) Australian Government Solicitor (First Defendant) Wotton & Kearney (Second & Third Defendants) Gilchrist Connell (Fourth Defendant) File Number(s): 2010/109439