Asutlii (High Court of Australia) Limitation of Actions – Appellant alleged respondent had raped and assaulted her in 1971 – Appellant alleged that she suffered post-traumatic stress disorder of delayed onset in 2000 and became aware of the connection between this disorder and the rapes and assaults in the same year – Proceedings were commenced for trespass to the person in 2002 by which time the general limitation period of six years for commencing actions in tort stipulated in s 5(1)(a) of the Limitation of Actions Act 1958 (Vic) (‘the Act’) had expired – Whether s 5(1A) of the Act applied to extend the limitation period from the date she first knew of those injuries and their causal connection – Whether a trespass to the person is an action for a ‘breach of duty’ – Whether the injury alleged is a ‘disease or disorder contracted’.
Citations:
(2006) 80 ALJR 1339, (2006) 228 ALR 229, [2006] HCA 37
Links:
Jurisdiction:
Australia
Citing:
Cited – Stubbings v Webb and Another HL 10-Feb-1993
Sexual Assault is not an Act of Negligence
In claims for damages for child abuse at a children’s home made out of the six year time limit time were effectively time barred, with no discretion for the court to extend that limit. The damage occurred at the time when the child left the home. A . .
Cited by:
Cited – A v Hoare HL 30-Jan-2008
Each of six claimants sought to pursue claims for damages for sexual assaults which would otherwise be time barred under the 1980 Act after six years. They sought to have the House depart from Stubbings and allow a discretion to the court to extend . .
Lists of cited by and citing cases may be incomplete.
Limitation, Torts – Other
Updated: 22 November 2022; Ref: scu.270276
