Locklier v State of New South Wales

Locklier v State of New South Wales involves a claim for damages for physical and psychiatric injuries sustained by the plaintiff while residing in state-run homes between 1970 and 1974. The plaintiff argues that due to repressed memories, the awareness of these matters did not occur until recently, thereby seeking to extend the limitation period under section 60G of the Limitation Act 1969. The central issue before the court was whether it was just and reasonable to extend the limitation period to accommodate the plaintiff's delayed awareness of the injuries and their causes.

The court considered the plaintiff's assertion of repressed memories, the timing of when these memories resurfaced, and the difficulty in ascertaining when the plaintiff became aware of the matters for the purposes of section 60I. Additionally, the court weighed the potential challenges in presenting a case given the passage of time, the death of many witnesses, and the multiple potential causes of the plaintiff's psychiatric injuries. The court also scrutinised the periods of unexplained delay since the plaintiff's recovery of memories.

In determining whether to extend the limitation period, the court assessed the overall fairness and reasonableness of allowing the claim to proceed. The court found that the plaintiff's delayed awareness did not sufficiently justify postponing the bar of the limitation period, given the significant periods of unexplained delay and the unlikelihood of establishing a clear causal link between the state-run homes and the plaintiff's injuries. Consequently, the court ruled against extending the limitation period, upholding the bar of the limitation period.

The court's final orders affirmed the dismissal of the plaintiff's claim due to the limitation period not being extended. The plaintiff's action was barred as it did not meet the criteria for postponement under the relevant statutory provisions.