State of New South Wales v Bennie

The case of *State of New South Wales v Bennie* was heard in the Court of Appeal of New South Wales, with Justices Giles and Bryson and Acting Justice Campbell presiding. The dispute concerned the application of the *Limitation Act 1969* (NSW) to claims brought by the respondent against the appellant. The proceedings involved an appeal against a decision regarding the pleading of the Limitation Act and an order for the trial of a separate issue.

The primary legal issues before the Court of Appeal were whether the respondent was a "person under a disability" for the purposes of the *Limitation Act 1969*, and whether the respondent's action was statute-barred. The court was also required to determine whether to grant leave to appeal against certain interlocutory orders and the decision on the separate issue.

The Court of Appeal reasoned that the respondent was not a person under a disability within the meaning of the *Limitation Act 1969*. The court considered the specific claims being made, which included wrongful arrest, wrongful imprisonment, and breach of statutory duty, and found that these did not establish a basis for the respondent to be considered under a disability. Consequently, the court refused leave to appeal against the order made under section 60G of the *Limitation Act 1969* and the order reserving costs. However, the court granted leave to appeal against the decision on the separate issue concerning whether the action was statute-barred.

Ultimately, the appeal was dismissed. The court ordered that the issue of whether the respondent's action was statute-barred be determined as a separate issue in advance of the main action, and noted the parties' agreement that a prior decision on the application of section 52 of the *Limitation Act 1969* was to be taken as a decision in favour of the respondent on that separate issue. Despite granting leave to appeal this decision, the appeal itself was dismissed with costs.