Johnson v State of New South Wales [2017] NSWSC 1591

Supreme Court New South Wales

Medium Neutral Citation: Johnson v State of New South Wales [2017] NSWSC 1591 Hearing dates: 21 November 2017 Date of orders: 21 November 2017 Decision date: 21 November 2017 Jurisdiction: Common Law Before: Johnson J Decision: Short minutes to be brought in to give effect to the judgment. Catchwords: LIMITATION OF ACTIONS - Plaintiff commences proceedings more than 13 years after his resignation from NSW Police Service in 2002 - claim for psychiatric injury arising from his involvement in traumatic incidents as a police officer - whether separate application ought be made by Plaintiff for extension of limitation period - timing of application - just, quick and cheap resolution of real issues in proceedings - Plaintiff required to file Notice of Motion and evidence in support of application to extend time Legislation Cited: Civil Procedure Act 2005 Limitation Act 1969 Workers Compensation Act 1987 Uniform Civil Procedure Rules 2005 Cases Cited: ASB-Tech Services Pty Limited (in liquidation) v Doelands and Anor [2003] NSWCA 167 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25 Commonwealth of Australia v Smith [2005] NSWCA 478 Fogg v Kane Constructions (NSW) Pty Limited and Anor (No. 5) [2015] NSWSC 648 John Pfeiffer Pty Limited v Rogerson (2000) 203 CLR 503; [2000] HCA 36 Johnson v Trustees of the Roman Catholic Church [2009] NSWSC 309 Prince Alfred College Incorporated v ADC (2016) 258 CLR 134; [2016] HCA 37 State of New South Wales v Gillett [2012] NSWCA 83 SW v State of New South Wales [2010] NSWSC 966 Wardley Australia Limited v State of Western Australia (1992) 175 CLR 514; [1992] HCA 55 Tepko Pty Limited v Water Board (2001) 206 CLR 1; [2001] HCA 19 Wells v Commonwealth of Australia [2014] NSWSC 148 Texts Cited: --- Category: Procedural and other rulings Parties: Russell Leigh Johnson (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr K W Andrews (Plaintiff) Mr M Hutchings (Defendant)