Odell v State of New South Wales

The plaintiff, Odell, brought a claim against the State of New South Wales for compensation for mental injury arising from his duties as a police officer. The injury Odell suffered was diagnosed as post-traumatic stress disorder. The defendant raised a defence of limitation, arguing that the claim was statute-barred. The court was required to decide whether the limitation defence could be determined at an interlocutory stage or whether it should be left to the trial. The court also had to consider when the cause of action accrued, as this would determine whether the claim was within the relevant limitation period.

The court found that the burden of proof lies with the defendant in raising a limitation defence. The court held that it was appropriate to determine the limitation issue at an interlocutory stage, but that the plaintiff must be given an opportunity to amend his pleadings to address the limitation issue. The court held that the cause of action accrued when the plaintiff became aware, or ought reasonably to have become aware, of the injury and its connection to his employment. The court held that the plaintiff had to be directed to amend his pleadings to include the date on which he became aware of the injury and its connection to his employment.

The court held that the limitation defence could not be determined at that stage, as the plaintiff had not had an opportunity to amend his pleadings. The court held that the burden of proof lies with the defendant in raising a limitation defence, and that the defendant had not discharged that burden. The court ordered the plaintiff to amend his pleadings to include the date on which he became aware of the injury and its connection to his employment. The court ordered that the limitation defence be determined at the trial.