Lee v Woolworths Ltd [2013] NSWSC 238

Supreme Court New South Wales

Medium Neutral Citation: Lee v Woolworths Ltd [2013] NSWSC 238 Hearing dates: 25/02/2013 Decision date: 27 March 2013 Before: Fullerton J Decision: 1(a). The proceedings bearing file number 2008/289079 in which Wickham Freight Lines Pty Ltd is named as the third defendant are not statute barred. 1(b). The costs of resolving the separate question so far as Wickham Freight Lines Pty Ltd is concerned are to be costs in the cause. 2(a). The proceedings bearing file number 2008/289079 in which Coca-Cola Amatil Ltd is named as second defendant are statute barred. 2(b). The costs of and incidental to resolving that question so far as Coca-Cola Amatil Ltd is concerned are to be paid by the plaintiff and on an indemnity basis as and from 13 February 2012. 3. The matter is to be listed before the List Judge for directions on 8 April 2013. Catchwords: LIMITATION OF ACTIONS - plaintiff injured when restacking collapsed load on truck - date on which cause of action is discoverable - interpretation of s 50D(1)(b) of the Limitation Act Legislation Cited: Limitation Act 1969 Uniform Civil Procedure Rules 2005 Cases Cited: Baker-Morrison v State of New South Wales [2009] NSWCA 35; 74 NSWLR 454 Bostik Australia Pty Ltd v Liddiard [2009] NSWCA 167 J Blackwood & Son Steel & Metals Pty Ltd t/as Horans Steel v Nichols [2007] NSWCA 157 State of New South Wales v Gillett [2012] NSWCA 83 Category: Separate question Parties: Mark Lee (Plaintiff) Woolworths Ltd (1st Defendant) Coca-Cola Amatil Ltd (2nd Defendant) Wickham Freight Lines Pty Ltd (3rd Defendant) Representation: Counsel: B Dooley SC/K Andrews (Plaintiff) N Hepple (Solicitor - 1st Defendant) N Polin (2nd Defendant) B Hull (3rd Defendant) Solicitors: Carroll & O'Dea Lawyers (Plaintiff) HBA Legal (1st Defendant) Moray & Agnew (2nd Defendant) AR Connolly & Company (3rd Defendant) File Number(s): 2008/289079