Baker-Morrison v State of New South Wales

Baker-Morrison brought an action against the State of New South Wales claiming damages for personal injuries suffered in a motor vehicle accident. The State of New South Wales applied to strike out the Statement of Claim and dismiss the proceedings on the basis that the claim was brought outside the limitation period. The dispute before the court was when the plaintiff discovered the injury was caused by the fault of the defendant and that the injury was sufficiently serious to justify bringing an action, so as to commence the running of the time for the limitation period.

The court found that the plaintiff was unable to show that they had discovered the injury was caused by the defendant's fault and that the injury was sufficiently serious to justify bringing an action at any time within the three-year post discoverability limitation period. The court held that the plaintiff's evidence was not satisfactory in showing that they had discovered the injury was caused by the defendant's fault and that the injury was sufficiently serious to justify bringing an action. The court found that the plaintiff had not taken reasonable steps to discover the cause of the injury and that the injury was not of a kind that would have been obvious to a layperson. The court held that the plaintiff's action was brought outside the limitation period and that the Statement of Claim should be struck out and the proceedings dismissed.

The court ordered that the Statement of Claim be struck out and the proceedings dismissed. The court also ordered that the plaintiff pay the defendant's costs of the proceedings including the motions that were filed, on the ordinary basis.