Bracher v Club Marconi & 12 Ors [1999] NSWSC 1193

Bracher v Club Marconi & 12 Ors [1999] NSWSC 1193

The court found the plaintiff was not under a disability preventing management of his affairs and therefore the claim under s 52 Limitation Act failed. However, it was just and reasonable, considering all the relevant factors in s 60E, to extend the limitation period as against the second to thirteenth defendants and to grant leave under the Workers Compensation Act as against the first defendant.

Jurisdiction
Australia
Judgment Date
08 December 1999
Procedural Posture
Notice of Motion / Application for Extension of Limitation Period
Outcome
Extension of limitation period granted in part; application in part stood over; costs in the cause.
Legal Topics
['extension of Limitation Period' 'personal Injury' 'workers Compensation' 'disability and Mental Health' 'vicarious Liability']
['tort' 'employment Law' 'limitation of Actions'] ['extension of Limitation Period' 'personal Injury' 'workers Compensation' 'disability and Mental Health' 'vicarious Liability']

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Procedural Posture

Notice of Motion / Application for Extension of Limitation Period

Legal Issues

  1. 1 ['Whether the plaintiff was under a disability within the meaning of the Limitation Act 1969 (NSW)' 'Whether extension of limitation period is just and reasonable under ss 60C and 60E of the Limitation Act 1969 (NSW)' 'Whether leave should be granted to commence proceedings under s 151D(2) Workers Compensation Act 1987 (NSW)']

Ratio Decidendi

The court found the plaintiff was not under a disability preventing management of his affairs and therefore the claim under s 52 Limitation Act failed. However, it was just and reasonable, considering all the relevant factors in s 60E, to extend the limitation period as against the second to thirteenth defendants and to grant leave under the Workers Compensation Act as against the first defendant.

Court Disposition

Extension of limitation period granted in part; application in part stood over; costs in the cause.

Orders

  • ['Leave granted to extend the limitation period for paragraphs 1-5 and 12-20 of statement of claim against the second to thirteenth defendants up to and including 22 December 1999.' 'Leave granted to commence proceedings against the first defendant in relation to paragraphs 1-5 and 12-20 up to and including 22...