State of New South Wales v Julianne Higgins by her tutor David Benedict O'Shea; Barnardos Australia v Julianne Higgins [2005] NSWCA 244

State of New South Wales v Julianne Higgins by her tutor David Benedict O'Shea; Barnardos Australia v Julianne Higgins [2005] NSWCA 244

The plaintiff was substantially impeded for continuous periods during the relevant limitation period due to mental illness, and s 52(1)(e) entitled her to an extension of three years from the last period of disability; the appeals were dismissed as the action was commenced within time.

Jurisdiction
Australia
Judgment Date
07 July 2005
Procedural Posture
Civil / Leave to Appeal and Appeals From Interlocutory Judgment
Outcome
appeals dismissed
Legal Topics
['disability Due to Mental Illness' 'extension of Limitation Period']
['limitation of Actions'] ['disability Due to Mental Illness' 'extension of Limitation Period']

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Procedural Posture

Civil / Leave to Appeal and Appeals From Interlocutory Judgment

Legal Issues

  1. 1 ['Whether the plaintiff was under a disability due to mental illness during the limitation period' 'Whether the limitation period was extended under the Limitation Act 1969 by reason of disability']

Ratio Decidendi

The plaintiff was substantially impeded for continuous periods during the relevant limitation period due to mental illness, and s 52(1)(e) entitled her to an extension of three years from the last period of disability; the appeals were dismissed as the action was commenced within time.

Court Disposition

appeals dismissed

Orders

  • ['Leave to appeal granted.' 'Notices of appeal to be filed and served within 10 days.' 'Appeals dismissed with costs.']