Jones v State of New South Wales [2017] NSWSC 1601

Supreme Court New South Wales

Medium Neutral Citation: Jones v State of New South Wales [2017] NSWSC 1601 Hearing dates: 21 November 2017 Date of orders: 21 November 2017 Decision date: 22 November 2017 Jurisdiction: Common Law Before: Johnson J Decision: See orders at [24]. Catchwords: LIMITATION OF ACTIONS - Plaintiff commences proceedings against the State of New South Wales more than 13 years after his medical discharge 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: Commonwealth of Australia v Smith [2005] NSWCA 478 Johnson v State of New South Wales [2017] NSWSC 1591 Prince Alfred College Incorporated v ADC (2016) 258 CLR 134; [2016] HCA 37 Tepko Pty Limited v Water Board (2001) 206 CLR 1; [2001] HCA 19 Wardley Australia Limited v State of Western Australia (1992)175 CLR 514; [1992] HCA 55 Yu v Speirs [2001] NSWCA 373 Texts Cited: --- Category: Procedural and other rulings Parties: Andrew Graham Jones (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr K W Andrews (Plaintiff) Mr M Hutchings (Defendant)