Dollisson v Australian Rail Track Corporation Limited [2019] NSWSC 870

Supreme Court New South Wales

Medium Neutral Citation: Dollisson v Australian Rail Track Corporation Limited [2019] NSWSC 870 Hearing dates: 18 February 2019 Date of orders: 12 July 2019 Decision date: 12 July 2019 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Leave is granted to the first defendant to make the amendment set out in para [1] in its defence to the amended statement of claim filed 7 June 2018.

(2) Pursuant to r 17.2(2) of the Uniform Civil Procedure Rules 2005 (NSW), leave is granted to the first defendant to withdraw the admission in para [1] of its defence to the amended statement of claim filed 7 June 2018, to the extent that it constitutes an admission that the injuries to the plaintiff constituted "serious injury" under the Accident Compensation Act 1985 (Vic).

(3) Pursuant to s 27L of the Limitation of Actions Act 1958 (Vic), the limitation period in relation to the plaintiff's cause of action against the first defendant and second defendant is extended up to and including 6 July 2018.

(4) Costs in relation to the plaintiff's notice of motion filed 6 July 2018 are reserved.

(5) The first defendant's notice of motion filed 18 December 2018 is dismissed.

(6) The first defendant is to pay the plaintiff's costs of its notice of motion.

(7) The matter is stood over for direction at 9.00 am before the Registrar. Catchwords: PRACTICE AND PROCEDURE — Limitation of actions — Personal injury — Limitation of Actions Act 1958 (Vic) — Whether the cause of action was discoverable by the plaintiff within the meaning of s 27D — Application for extension under s 27L — Court's discretion to extend limitation period — Where the plaintiff was allegedly given incorrect legal advice as to the availability of a public liability claim