Guthrie v Spence [2009] NSWCA 369

Guthrie v Spence [2009] NSWCA 369

Mr Spence was found to be under a disability, as defined by s 11(3)(b) Limitation Act 1969, due to post traumatic stress disorder and related avoidance behaviour, which substantially impeded his management of affairs relating to commencing proceedings for damages arising from sexual assaults. This disability lasted sufficiently long for his action to be brought within the six-year limitation period, and the procedural deficiencies below could be rectified by orders transferring proceedings and recording answers to the separate question.

Jurisdiction
Australia
Judgment Date
17 November 2009
Procedural Posture
Applications for Leave to Appeal and Appeals / Court of Appeal; Post Interlocutory Decision From District Court
Outcome
Leave to appeal granted; appeal dismissed with costs
Legal Topics
['disability Under Limitation Act' 'procedural Irregularities' 'separate Determination of Questions' 'postponement of Limitation Period' 'suspension of Limitation Periods' 'management of Affairs Under Disability' 'evidence Admissibility of Medical Histories']
['limitation of Actions' 'personal Injury' 'civil Procedure'] ['disability Under Limitation Act' 'procedural Irregularities' 'separate Determination of Questions' 'postponement of Limitation Period' 'suspension of Limitation Periods' 'management of Affairs Under Disability' 'evidence Admissibility of Medical Histories']

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Procedural Posture

Applications for Leave to Appeal and Appeals / Court of Appeal; Post Interlocutory Decision From District Court

Legal Issues

  1. 1 ['Whether the respondent was under a disability post-18 years for the purposes of suspending limitation period under Limitation Act 1969' 'Nature and duration of disability required by s 11(3)(b) Limitation Act 1969' 'Procedural competency of appeals where no order made below' 'Admissibility and probative value of medical history evidence']

Ratio Decidendi

Mr Spence was found to be under a disability, as defined by s 11(3)(b) Limitation Act 1969, due to post traumatic stress disorder and related avoidance behaviour, which substantially impeded his management of affairs relating to commencing proceedings for damages arising from sexual assaults. This disability lasted sufficiently long for his action to be brought within the six-year limitation period, and the procedural deficiencies below could be rectified by orders transferring proceedings and recording answers to the separate question.

Court Disposition

Leave to appeal granted; appeal dismissed with costs

Orders

  • ['Grant leave to appeal.' 'Transfer proceedings number 6053 of 2008 in the District Court of New South Wales into this Court.' 'Order nunc pro tunc for separate determination of disability question as at 20 February 2009.' 'Order nunc pro tunc as at 27 February 2009: plaintiff was under disability post-18 years,...