Saunders & Anor v Jackson [2009] NSWCA 192

Saunders & Anor v Jackson [2009] NSWCA 192

The Court found that the evidence, including both medical and lay testimony, supported the conclusion that the opponent was substantially impeded by her mental condition in the management of her legal affairs regarding the cause of action during the relevant period, thus suspending the limitation period under s 52 of the Limitation Act 1969 (NSW). Leave to appeal was therefore granted but the appeal dismissed, affirming the lower court's decision.

Parties
Claimant: Wendy Kim Saunders; Claimant: Kenneth Brian Saunders; Opponent: Nicole Ann Jackson
Jurisdiction
Australia
Judgment Date
10 July 2009
Procedural Posture
Appeal / Application for Leave to Appeal and Appeal From District Court Decision
Outcome
Leave to appeal granted; appeal dismissed with costs.
Legal Topics
Suspension of Limitation Period, Disability Under Limitation Act 1969 (nsw), Psychiatric Injury, Assessment of Impairment for Limitation Periods
Limitation of Actions Civil Procedure Personal Injury Suspension of Limitation Period Disability Under Limitation Act 1969 (nsw) Psychiatric Injury Assessment of Impairment for Limitation Periods

Case Brief

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Parties

Wendy Kim Saunders

Claimant

Kenneth Brian Saunders

Claimant

Nicole Ann Jackson

Opponent

Procedural Posture

Appeal / Application for Leave to Appeal and Appeal From District Court Decision

Legal Issues

  1. 1 Whether the limitation period under s 14(1)(b) of the Limitation Act 1969 (NSW) was suspended due to the opponent being under a disability as defined in s 11(3)(b)
  2. 2 Whether the evidence was sufficient to support a finding that the opponent was substantially impeded in the management of her affairs by reason of mental condition

Ratio Decidendi

The Court found that the evidence, including both medical and lay testimony, supported the conclusion that the opponent was substantially impeded by her mental condition in the management of her legal affairs regarding the cause of action during the relevant period, thus suspending the limitation period under s 52 of the Limitation Act 1969 (NSW). Leave to appeal was therefore granted but the appeal dismissed, affirming the lower court's decision.

Court Disposition

Leave to appeal granted; appeal dismissed with costs.

Orders

  • Leave to appeal granted.
  • The appeal be dismissed with costs.