Blunden v Commonwealth

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJBARRY THOMAS BLUNDEN   PLAINTIFFANDTHE COMMONWEALTH OF AUSTRALIA  DEFENDANTBlunden v Commonwealth of Australia[2003] HCA 7310 December 2003C6/2003ORDERAnswer the questions reserved in the Case Stated as follows:On the basis of the Statement of Agreed Facts, to the extent that the plaintiff alleges negligence on the part of servants or agents of the defendant in international waters:Question (a)Is the plaintiff's action subject (by operation of ss 56, 79, 80 and 80A of the Judiciary Act 1903 (Cth) or otherwise) to the statutory limitation period prescribed by s 3 of 21 Jac I c 16 (as it applied in the ACT) or alternatively by s 11 of the Limitation Act 1985 (ACT), as alleged in par 7 of the defendant's amended defence dated 14 December 2001, filed in the Supreme Court of the Australian Capital Territory in proceedings SC 324 of 1998 ("the amended defence")?AnswerThe plaintiff's action is subject to the provisions of the Limitation Act 1985 (ACT).Question (b)Is the plaintiff's action subject (by operation of ss 56, 79, 80 and 80A of the Judiciary Act 1903 (Cth) or otherwise) to the statutory limitation period prescribed by s 3 of 21 Jac I c 16 (as it applied in NSW) or alternatively s 14(1) and/or s 63(1) of the Limitation Act 1969 (NSW), as alleged in pars 7 and 8 of the amended defence?AnswerNo.Question (c)Is the plaintiff's action subject to none of the statutory limitation periods pleaded in pars 7 and 8 of the...