BULLEY v COMMONWEALTH OF AUSTRALIA [1996] NSWCA 77

BULLEY v COMMONWEALTH OF AUSTRALIA [1996] NSWCA 77

By July 1986, the claimant and her advisers were aware of the nature and extent of her injuries, including the possibility of future surgical intervention; therefore, the claimant cannot establish lack of awareness at expiration of the limitation period and is not entitled to extension under s60I.

Parties
Claimant/appellant: Kaye Lorraine Bulley; Opponent/respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
31 January 1996
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision on Extension of Time to Commence Proceedings
Outcome
Appeal dismissed; leave to appeal granted; claimant ordered to pay respondent's costs.
Legal Topics
Extension of Limitation Period, Latent Injury, Awareness of Nature and Extent of Injury
Limitation of Actions Personal Injury Extension of Limitation Period Latent Injury Awareness of Nature and Extent of Injury

Case Brief

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Parties

Kaye Lorraine Bulley

Claimant/appellant

Commonwealth of Australia

Opponent/respondent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision on Extension of Time to Commence Proceedings

Legal Issues

  1. 1 Whether the claimant was unaware of the nature and extent of her injury at the expiration of the relevant limitation period
  2. 2 Whether the claimant was entitled to an extension of time to bring proceedings for negligence under the Limitation Act 1969
  3. 3 Whether the refusal to admit an affidavit constituted error

Ratio Decidendi

By July 1986, the claimant and her advisers were aware of the nature and extent of her injuries, including the possibility of future surgical intervention; therefore, the claimant cannot establish lack of awareness at expiration of the limitation period and is not entitled to extension under s60I.

Court Disposition

Appeal dismissed; leave to appeal granted; claimant ordered to pay respondent's costs.

Orders

  • Leave be, and be deemed to have been, granted to the claimant to appeal from the judgment of Abadee J delivered on 23rd February 1995.
  • Appeal be dismissed.