Telstra Corporation v Rea

The appeal concerned an application for an extension of time to commence proceedings for damages relating to hearing loss. The respondent, a former employee of the appellant, sought to extend the limitation period under section 60G of the *Limitation Act 1969* (NSW) to bring an action against the appellant for injury sustained during their employment. The primary judge had granted this extension. The appeal was heard by Mason P, Foster AJA, and Einstein J in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the respondent was aware, or ought to have become aware, of the connection between their hearing loss and the appellant's acts or omissions, and whether the requirements of section 60I of the *Limitation Act 1969* (NSW) were met. The court also had to consider the relevance of actual or constructive knowledge of the injury, the imputation of knowledge, and whether the initial exercise of discretion to grant an extension of the limitation period was just and reasonable, or if it had miscarried.

The Court of Appeal determined that the primary judge had correctly applied the relevant principles. It was held that the focus under section 60I was on the plaintiff's knowledge of the injury and its cause, not necessarily the legal fault of the defendant. The court found that the respondent's knowledge of their hearing loss and its likely connection to their employment was not established until a later date, which justified the extension. The discretion to grant the extension was therefore upheld.

The Court of Appeal granted leave to appeal but dismissed the appeal, ordering the appellant to pay the respondent's costs.