Odell v State of New South Wales [2017] NSWSC 643

Supreme Court New South Wales

Medium Neutral Citation: Odell v State of New South Wales [2017] NSWSC 643 Hearing dates: 19 May 2017 Date of orders: 19 May 2017 Decision date: 19 May 2017 Jurisdiction: Common Law Before: Campbell J Decision: (1) The plaintiff is to file a further amended statement of claim in accordance with my reasons on or before 9 June 2017. (2) The plaintiff is to file an amended statement of particulars of the damages claim on or before 9 June 2017. (3) The defendant is to file an amended defence, addressing its limitation defence, inter alia, on or before 23 June 2017. (4) The plaintiff is to file any reply raising s 50C Limitation Act 1969 (NSW) issues upon which he wishes to rely on or before 14 July 2017. (5) Stand the defendant's notice of motion and the subpoena over for directions before me on 28 July 2017 at 9 30 am. (6) The plaintiff to have access, including photocopy access, to the further documents produced by the defendant on 17 May 2017. Catchwords: CIVIL PROCEDURE – police officer – mental injury – post-traumatic stress disorder – plaintiff alleges mental injury arising from duties as a police officer – whether the claim is statute-barred – whether a limitation defence is to be determined at an interlocutory stage or at trial – defendant seeks further pleadings of limitations issue – consideration of when the cause of action accrued – held that the burden of proof lies with the defendant in raising a limitation defence – plaintiff directed to amend pleadings Legislation Cited: Civil Liability Act 2002 (NSW) Limitation Act 1969 (NSW) Police Regulation (Superannuation) Act 1906 (NSW) Cases Cited: Commonwealth of Australia v Smith [2005] NSWCA 478 Pullen v Gutteridge Haskins & Davey Pty Ltd [1993] 1 VR 27 Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514 Category: Procedural and other rulings Parties: Grant Rodney Odell (Plaintiff)