Fitzgerald v State of New South Wales [2019] NSWSC 1439

Supreme Court New South Wales

Medium Neutral Citation: Fitzgerald v State of New South Wales [2019] NSWSC 1439 Hearing dates: 3 June 2019 Date of orders: 23 October 2019 Decision date: 23 October 2019 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The plaintiff is granted an extension of time within which to commence proceedings against the defendant up to and including 27 November 2015.

(2) Costs are reserved. Catchwords: LIMITATION OF ACTIONS — Application for extension — Limitation Act 1969 (NSW) ss 60G, 60I — Where the plaintiff was unaware of the connection between the personal injury and the defendant's act or omission — Whether the plaintiff "ought to have become aware" of the connection — Where the plaintiff police officer had been medically discharged from work in relation to his psychiatric injuries Legislation Cited: Limitation Act 1969 (NSW), ss 58, 60F, 60G, 60I, 60J, 60L Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; (1996) 139 ALR 1 Commonwealth of Australia v Shaw (2006) 66 NSWLR 325; [2006] NSWCA 209 Dedousis v Water Board (1994) CLR 171 Drayton Coal Pty Ltd v Drain [1995] NSWCA 131 Harris v Commercial Minerals Limited (1996) 186 CLR 1; 135 ALR 353 Holt v Wynter [2000] NSWCA 143; (2000) 49 NSWLR 128 Payne v Jonkers Enterprises Pty Ltd [2004] QSC 447 Pearce v Commonwealth of Australia [2006] NSWCA 210 Prince Alfred College Inc v ADC (2016) 258 CLR 134; (2016) 335 ALR 1 State of New South Wales v Gillett [2012] NSWCA 83 State of New South Wales v Judd [2003] NSWCA 355 State of Queensland v Stephenson (2006) 226 CLR 197; (2006) 227 ALR 17 Sydney City Council v Zegarac (1998) 43 NSWLR 195 Category: Procedural and other rulings Parties: Bede Gregory Fitzgerald (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: K Andrews (Plaintiff) M Hutchings (Defendant)