CLEARY BROS (BOMBO) PTY LIMITED v KIRK [1993] NSWCA 62

CLEARY BROS (BOMBO) PTY LIMITED v KIRK [1993] NSWCA 62

No error was shown in Judge Bell's determination regarding the claimant's awareness of injury; issues not litigated below, including attribution of solicitor's knowledge, cannot be considered for leave to appeal.

Parties
Opponent: CLEARY BROS (BOMBO) PTY LIMITED; Claimant: KIRK
Jurisdiction
Australia
Judgment Date
17 May 1993
Procedural Posture
Summons for Leave to Appeal / Court of Appeal Decision
Outcome
summons dismissed
Legal Topics
Extension of Time, Attribution of Knowledge, Deafness as Injury
Limitation of Actions Personal Injury Extension of Time Attribution of Knowledge Deafness as Injury

Case Brief

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Parties

CLEARY BROS (BOMBO) PTY LIMITED

Opponent

KIRK

Claimant

Procedural Posture

Summons for Leave to Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the claimant was aware of the nature and extent of personal injury prior to the relevant time
  2. 2 Whether knowledge of solicitor can be attributed to the claimant under s 60I(1)(b) of the Limitation Act 1969

Ratio Decidendi

No error was shown in Judge Bell's determination regarding the claimant's awareness of injury; issues not litigated below, including attribution of solicitor's knowledge, cannot be considered for leave to appeal.

Court Disposition

summons dismissed

Orders

  • summons for leave to appeal dismissed
  • claimant to pay opponent's costs