Raymond Reginald Donoghue v Commonwealth of Australia

In the case of Raymond Reginald Donoghue v Commonwealth of Australia, the plaintiff sought an extension of the period for his cause of action, applying under Section 60G of the Limitation Act 1969 (NSW), and alternatively, an Order pursuant to Section 58 of the Limitation Act 1968 (NSW). Additionally, the plaintiff sought relief under the Limitation Act 1985 (ACT) and the Limitation of Actions Act 1958 (Vic). The dispute centred on whether the plaintiff had established that any material facts of a decisive character relating to his alleged cause of action were not within his means of knowledge later than 1997.

The court was tasked with determining whether the plaintiff could rely on the extension provisions of the NSW Limitation Act and whether any of the material facts were unknown to the plaintiff until after the statutory limitation period had expired. The court also needed to assess the applicability of the plaintiff's claims under the ACT and Victorian legislation.

In its decision, the court found that the plaintiff had not established that any material facts of a decisive character were unknown to him until after 1997. Therefore, the court held that the plaintiff was not entitled to an extension of time under Section 60G of the Limitation Act 1969 (NSW). Consequently, it was not necessary for the court to consider the plaintiff's claims under the ACT and Victorian legislation. The court applied the law of New South Wales and concluded that the plaintiff's claims were statute-barred.

The court dismissed the plaintiff's application for an extension of time and for relief under the Limitation Act 1969 (NSW). No further orders were sought or made under the ACT or Victorian legislation.