Commonwealth of Australia v Smith

The Commonwealth of Australia sought leave to appeal a decision of the primary judge in the matter of *Smith*. The dispute concerned the extension of a limitation period for Mr. Smith's claim arising from the *Voyager/Melbourne* collision. The primary judge had granted leave to extend the limitation period, a decision the Commonwealth challenged.

The central legal issue before the Court of Appeal was whether the primary judge erred in exercising their discretion to extend the limitation period. Specifically, the appeal focused on the primary judge's findings regarding Mr. Smith's awareness of his psychiatric injury and its connection to the collision, an issue that had not been raised at trial.

The Court, by majority, found no error in the primary judge's exercise of discretion. While acknowledging criticisms of the reliability of Mr. Smith's evidence regarding the onset and nature of his symptoms, and noting that medical reports did not explicitly link his condition to the collision, the majority considered the overall circumstances. The Court also referenced the commonality of issues in many *Voyager/Melbourne* collision cases and the appellant's approach in this instance. The application for leave to appeal was dismissed with costs.