State of New South Wales v Julianne Higgins by her tutor David Benedict O'Shea; Barnardos Australia v Julianne Higgins

The case involved appeals by the State of New South Wales and Barnardos Australia against a decision concerning the limitation period applicable to a claim brought by Julianne Higgins, a person with a disability. The primary dispute concerned whether Ms. Higgins was entitled to an extension of the limitation period for bringing her action due to her mental illness. The appeals were heard by the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was the interpretation and application of the relevant provisions of the *Limitation Act 1969* (NSW) concerning the extension of limitation periods for plaintiffs suffering from a disability, specifically mental illness. The court had to determine whether Ms. Higgins's mental illness constituted a "disability" for the purposes of the Act and, if so, when the three-year extension period, commencing from the cessation of that disability, began to run.

The Court of Appeal considered the nature of Ms. Higgins's mental illness and its impact on her capacity to manage her affairs and institute legal proceedings. Applying established principles of statutory interpretation and case law concerning disability provisions in limitation legislation, the court reasoned that Ms. Higgins's condition did indeed constitute a disability within the meaning of the Act. The court found that the primary judge had correctly applied the law to the facts, concluding that the limitation period had not expired. Consequently, the Court of Appeal dismissed the appeals brought by the State of New South Wales and Barnardos Australia, upholding the decision that Ms. Higgins was entitled to pursue her claim.