MARCANTELLI v OSMOND [2001] NSWSC 565

MARCANTELLI v OSMOND [2001] NSWSC 565

The manifestation of the plaintiff's psychological symptoms exposed by the May 1993 events constituted substantive material facts of a decisive character relating to the cause of action and were not within her means of knowledge until that time; no discretionary matter prevented relief, so time was extended.

Jurisdiction
Australia
Judgment Date
06 July 2001
Procedural Posture
Personal Injury Limitation Application / Application for Extension of Time for Filing a Statement of Claim Under S 58 of the Limitation Act 1969
Outcome
Application granted; limitation period extended and plaintiff awarded costs.
Legal Topics
['extension of Limitation Period' 'material Facts of a Decisive Character' "plaintiff's Means of Knowledge" 'psychological Injury Following Medical Procedure']
['limitation of Actions' 'personal Injury'] ['extension of Limitation Period' 'material Facts of a Decisive Character' "plaintiff's Means of Knowledge" 'psychological Injury Following Medical Procedure']

Case Brief

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Procedural Posture

Personal Injury Limitation Application / Application for Extension of Time for Filing a Statement of Claim Under S 58 of the Limitation Act 1969

Legal Issues

  1. 1 ["Whether the events in May 1993 were material facts of a decisive character relating to the plaintiff's cause of action." "Whether those material facts were not within the plaintiff's means of knowledge until after the commencement of the year preceding the expiration of the limitation period." 'Whether the limitation period should be extended under s 58 of the Limitation Act 1969.']

Ratio Decidendi

The manifestation of the plaintiff's psychological symptoms exposed by the May 1993 events constituted substantive material facts of a decisive character relating to the cause of action and were not within her means of knowledge until that time; no discretionary matter prevented relief, so time was extended.

Court Disposition

Application granted; limitation period extended and plaintiff awarded costs.

Orders

  • ["Pursuant to s 58(2)(a) of the Limitation Act, the limitation period for the plaintiff's cause of action is to be extended so as to expire one year after 20th May 1993." "The defendant is to pay the plaintiff's costs of this application."]