O'Neill v Foster [2004] NSWSC 906

O'Neill v Foster [2004] NSWSC 906

A cause of action for assault or battery is subject to a three-year limitation period under section 18A Limitation Act 1969, with the cross-claim considered to be brought on the date the plaintiff commenced suit. Thus, the cross-claim was brought within time and is not statute-barred.

Jurisdiction
Australia
Judgment Date
08 October 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['limitation of Actions' 'trespass to the Person' 'battery' 'sexual Assault' 'cross Claims']
['equity' 'tort'] ['limitation of Actions' 'trespass to the Person' 'battery' 'sexual Assault' 'cross Claims']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['What is the applicable limitation period for a cross-claim alleging trespass to the person under the Limitation Act 1969?' "When is a cross-claim considered to be 'brought' for the purposes of the Limitation Act 1969?"]

Ratio Decidendi

A cause of action for assault or battery is subject to a three-year limitation period under section 18A Limitation Act 1969, with the cross-claim considered to be brought on the date the plaintiff commenced suit. Thus, the cross-claim was brought within time and is not statute-barred.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed' 'If either party wishes to make any application for costs, they should make an appointment with the Associate within 14 days, or submit a signed minute of order for costs to be made in chambers']