Baggs v University of Sydney Union [2013] NSWCA 451

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Baggs v University of Sydney Union [2013] NSWCA 451 Hearing dates: 6 December 2013 Decision date: 19 December 2013 Before: Macfarlan JA at [1]; Meagher JA at [2]; Hoeben JA at [38] Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) Set aside orders 1 and 2 made by Fullerton J on 4 March 2013. (4) Order that the respondent's notice of motion filed on 31 August 2012 be dismissed. (5) Order that the respondent pay the costs of that notice of motion and the costs of the application for leave to appeal and of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: LIMITATION OF ACTIONS - Limitation Act 1969, s 50D(1)(b) - applicant injured when fell down stairwell - applicant did not believe her employer and respondent were separate legal entities - believed building owned and occupied by her employer and respondent - stairwell in fact under care and control of respondent as occupier of building owned by employer - whether applicant knew or ought to have known the identity of the defendant during period more than 3 years prior to commencement of cause of action - whether primary judge erred in holding claim brought outside 3 year post discoverability limitation period Legislation Cited: Limitation Act 1969, ss 50C, 50D, 50F, 60I Cases Cited: Australian Safeway Stores Pty Ltd v Zaluzna [1987] HCA 7; 162 CLR 479 Baker-Morrison v New South Wales [2009] NSWCA 35; 74 NSWLR 454 Bostik Australia Pty Ltd v Liddiard [2009] NSWCA 167 Dedousis v The Water Board [1994] HCA 7; 181 CLR 171 New South Wales v Gillett [2012] NSWCA 83 Category: Principal judgment Parties: Kate Baggs (Appellant) University of Sydney Union (Respondent) Representation: Counsel: J Simpkins SC, E G Romaniuk SC, O J Dinkha (Appellant) B Dooley SC (Respondent) Solicitors: LHD Lawyers (Appellant) Thompson Cooper Lawyers Pty Ltd (Respondent) File Number(s): 2013/76909 Decision under appeal Jurisdiction: 9111 Citation: Baggs v University of Sydney Union [2013] NSWSC 152 Date of Decision: 2013-03-04 00:00:00 Before: Fullerton J File Number(s): 2011/137856