State of New South Wales v Jackson

The High Court of Australia considered the appeal of the State of New South Wales against a decision of the Supreme Court of New South Wales concerning the interpretation of section 14(1)(b) of the *Limitation Act 1969* (NSW). The dispute arose from a claim for damages for personal injury brought by Mr. Jackson against the State. Mr. Jackson alleged that he suffered injury as a result of the negligence of officers of the State. The central issue was whether the limitation period for bringing such a claim had expired.

The High Court was required to determine whether the Supreme Court had erred in its interpretation of section 14(1)(b) of the *Limitation Act 1969* (NSW), which provides a six-year limitation period for actions for damages for negligence. Specifically, the Court had to consider whether the cause of action accrued at the time of the negligent act or omission, or at the time the plaintiff suffered damage as a result of that act or omission. This involved an analysis of when the "damage" contemplated by the section was suffered.

The Court reasoned that the accrual of a cause of action for negligence, for the purposes of the *Limitation Act 1969* (NSW), occurs when the plaintiff suffers damage. This damage must be more than merely nominal or trivial; it must be of a kind that is actionable. Gleeson CJ and Heydon J held that the Supreme Court had correctly applied this principle in finding that Mr. Jackson's cause of action had not been statute-barred at the time his proceedings were commenced. The appeal was accordingly dismissed.