Terry v Commonwealth of Australia [2001] NSWSC 778

Terry v Commonwealth of Australia [2001] NSWSC 778

The plaintiff did not become aware of his diagnosable psychiatric injury and its connection with the defendant's acts or omissions until after the limitation period, has satisfied the requirements under s 60I(1)(a)(i)-(iii), and it is just and reasonable to grant an extension given the balance of prejudice and the availability of documentary evidence.

Jurisdiction
Australia
Judgment Date
20 September 2001
Procedural Posture
Extension of Time Application / Ruling on Application
Outcome
Extension of time granted
Legal Topics
['extension of Time to Commence Proceedings' 'psychiatric Injury (ptsd)' 'voyager/melbourne Collision' 'prejudice to Defendant']
['limitation of Actions' 'personal Injury'] ['extension of Time to Commence Proceedings' 'psychiatric Injury (ptsd)' 'voyager/melbourne Collision' 'prejudice to Defendant']

Case Brief

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Procedural Posture

Extension of Time Application / Ruling on Application

Legal Issues

  1. 1 ['Whether the plaintiff qualifies for an extension of time under ss 60G and 60I of the Limitation Act 1969 (NSW)' "Whether the plaintiff was unaware of the personal injury, its nature or extent, and its connection with the defendant's act or omission within the limitation period" 'Whether granting the extension is just and reasonable given potential prejudice to the defendant']

Ratio Decidendi

The plaintiff did not become aware of his diagnosable psychiatric injury and its connection with the defendant's acts or omissions until after the limitation period, has satisfied the requirements under s 60I(1)(a)(i)-(iii), and it is just and reasonable to grant an extension given the balance of prejudice and the availability of documentary evidence.

Court Disposition

Extension of time granted

Orders

  • ['The plaintiff is granted an extension of time within which to commence proceedings in this court for damages in respect of an accident which occurred on 10 February 1964 up to and including 6 December 1995.' 'Costs are reserved.']