Glennie v Glennie [2009] NSWSC 154

Glennie v Glennie [2009] NSWSC 154

The court found, on the evidence, that due to psychiatric conditions caused by childhood sexual abuse, the plaintiff was under a disability within the meaning of s 11(3)(b) of the Limitation Act 1969, and the limitation period was suspended until 14 November 2006 when she heard her father plead guilty and felt empowered to initiate civil proceedings.

Parties
Plaintiff: Cassandra Glennie; First Defendant: Norman Steward Glennie; Second Defendant: Stephen Mamczuk
Jurisdiction
Australia
Judgment Date
19 March 2009
Procedural Posture
Civil / Separate Determination of Limitation/statute Bar as a Preliminary Issue
Outcome
Declaration (limitation period suspended); separate question ordered; costs reserved to plaintiff in the cause.
Legal Topics
Limitation of Actions, Personal Injury, Sexual Assault, Disability Under Limitation Statute
Civil Law Limitation of Actions Personal Injury Sexual Assault Disability Under Limitation Statute

Case Brief

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Parties

Cassandra Glennie

Plaintiff

Norman Steward Glennie

First Defendant

Stephen Mamczuk

Second Defendant

Procedural Posture

Civil / Separate Determination of Limitation/statute Bar as a Preliminary Issue

Legal Issues

  1. 1 Whether the plaintiff's action is statute barred by reason of limitation periods under the Limitation Act 1969
  2. 2 Whether the plaintiff was under a disability such that the limitation period was suspended
  3. 3 Whether the limitation period commenced to run prior to 14 November 2006

Ratio Decidendi

The court found, on the evidence, that due to psychiatric conditions caused by childhood sexual abuse, the plaintiff was under a disability within the meaning of s 11(3)(b) of the Limitation Act 1969, and the limitation period was suspended until 14 November 2006 when she heard her father plead guilty and felt empowered to initiate civil proceedings.

Court Disposition

Declaration (limitation period suspended); separate question ordered; costs reserved to plaintiff in the cause.

Orders

  • The issue whether or not the plaintiff's action was statute barred be determined as a separate issue in advance of the action.
  • Declaration that, by reason of the plaintiff's disability, the limitation period is suspended from running until 14 November 2006.