Saunders v Jackson

The appeal in *Saunders v Jackson* concerned the application of section 52 of the *Limitation Act 1969* (NSW), which provides for the suspension of limitation periods in cases of disability. The appellant, Mr. Jackson, sought to argue that the respondent, Ms. Saunders, was under a disability by reason of a depressive illness, which substantially impaired her ability to manage her affairs in relation to the cause of action. The primary judge had found that Ms. Saunders was indeed under such a disability.

The central legal issue before the Court of Appeal was whether Ms. Saunders' depressive illness constituted a disability within the meaning of section 52 of the *Limitation Act 1969* (NSW), thereby suspending the limitation period for her claim. This required the court to consider the nature of the impairment and whether it was sufficiently substantial to prevent her from managing her affairs concerning the cause of action.

The Court of Appeal, comprising Ipp JA, Macfarlan JA, and Hoeben J, affirmed the primary judge's finding. Their Honours reasoned that Ms. Saunders' depressive illness had substantially impaired her capacity to reason normally about the various aspects involved in bringing a claim. This impairment meant she was unable to manage her affairs in relation to the cause of action, thus satisfying the criteria for a disability under section 52.

Leave to appeal was granted, but the appeal was ultimately dismissed with costs.