Turagadamudamu v PMP Limited

[2009] NSWCA 120

NSW Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Personal injury
3. › Extension of limitation period
4. › Secondary limitation period
5. › Whether order can be made under s 60C after expiry of secondary limitation period
6. › Limitation Act 1969 (NSW), ss 18A, 60C, 60M, 63
1. Practice and Procedure
2. › Commencement of proceedings
3. › Personal injury claims
4. › Whether filing notice of motion with draft statement of claim annexed commences proceedings
5. › Uniform Civil Procedure Rules 2005 (NSW), rr 6.2, 6.3
1. Practice and Procedure
2. › Orders nunc pro tunc
3. › Retrospective orders
4. › Whether order extending limitation period can be made nunc pro tunc
5. › Whether nunc pro tunc orders available where substantive rights affected
1. Limitation of Actions
2. › Pleading
3. › Whether statutory requirement to plead limitation defence confers substantive right on opposing party
4. › Limitation Act 1969 (NSW), s 68A

Quick Take

A court cannot extend the limitation period under s 60C of the Limitation Act 1969 (NSW) after the secondary limitation period (five years beyond the primary three-year period) has expired, even if a notice of motion seeking the extension was filed before that expiry. An action for personal injury damages is commenced only by filing a statement of claim; filing a notice of motion with a draft statement of claim annexed does not constitute commencement of proceedings. The decision in Sandrin v W&M Riggs is confined to cases where a statement of claim was actually filed within the secondary limitation period.