Lee v Woolworths Ltd [2013] NSWSC 238

Lee v Woolworths Ltd [2013] NSWSC 238

The proceedings against Wickham Freight Lines Pty Ltd were not statute barred because, on or before 6 December 2008, the plaintiff did not know and ought not to have known the legal relationship between Wickham, CDM and Williams or facts identifying Wickham as the party likely to be at fault for the purposes of s 50D(1)(b). The proceedings against Coca-Cola Amatil Ltd were statute barred because the plaintiff's relevant knowledge had not changed since the date of injury: he knew the pallets were not packed as he expected and were packed inappropriately, and no further legally evaluative judgment was necessary before knowledge of CCA's potential fault could be attributed to him.

Jurisdiction
Australia
Judgment Date
27 March 2013
Procedural Posture
Personal Injury Negligence Proceedings / Separate Question Under R 28.2 of the Uniform Civil Procedure Rules 2005 Whether Proceedings Against the Second and Third Defendants Are Statute Barred by Operation of S 50 C and S 50 D of the Limitation Act 1969
Outcome
The separate question was answered by holding that the proceedings against Wickham Freight Lines Pty Ltd are not statute barred, but the proceedings against Coca-Cola Amatil Ltd are statute barred.
Legal Topics
['discoverability of Cause of Action' 'fault of Defendant Under S 50 D(1)(b) of the Limitation Act 1969' 'separate Question' 'statute Barred Proceedings' 'costs']
['limitation of Actions' 'personal Injury' 'negligence' 'civil Procedure'] ['discoverability of Cause of Action' 'fault of Defendant Under S 50 D(1)(b) of the Limitation Act 1969' 'separate Question' 'statute Barred Proceedings' 'costs']

Case Brief

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Procedural Posture

Personal Injury Negligence Proceedings / Separate Question Under R 28.2 of the Uniform Civil Procedure Rules 2005 Whether Proceedings Against the Second and Third Defendants Are Statute Barred by Operation of S 50 C and S 50 D of the Limitation Act 1969

Legal Issues

  1. 1 ['Whether the proceedings against Wickham Freight Lines Pty Ltd are statute barred by s 50C and s 50D of the Limitation Act 1969.' 'Whether the proceedings against Coca-Cola Amatil Ltd are statute barred by s 50C and s 50D of the Limitation Act 1969.' 'Whether the plaintiff knew or ought to have known that his injury was caused by the fault of Wickham Freight Lines Pty Ltd and/or Coca-Cola Amatil Ltd within three years before commencing proceedings against them.' 'Whether the relevant commencement date for determining discoverability was 6 December 2011 or 20 January 2012.']

Ratio Decidendi

The proceedings against Wickham Freight Lines Pty Ltd were not statute barred because, on or before 6 December 2008, the plaintiff did not know and ought not to have known the legal relationship between Wickham, CDM and Williams or facts identifying Wickham as the party likely to be at fault for the purposes of s 50D(1)(b). The proceedings against Coca-Cola Amatil Ltd were statute barred because the plaintiff's relevant knowledge had not changed since the date of injury: he knew the pallets were not packed as he expected and were packed inappropriately, and no further legally evaluative judgment was necessary before knowledge of CCA's potential fault could be attributed to him.

Court Disposition

The separate question was answered by holding that the proceedings against Wickham Freight Lines Pty Ltd are not statute barred, but the proceedings against Coca-Cola Amatil Ltd are statute barred.

Orders

  • ['The proceedings bearing file number 2008/289079 in which Wickham Freight Lines Pty Ltd is named as the third defendant are not statute barred.' 'The costs of resolving the separate question so far as Wickham Freight Lines Pty Ltd is concerned are to be costs in the cause.' 'The proceedings bearing file number...