Stingel v Clark

HIGH COURT OF AUSTRALIAGLEESON CJGUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJCAROL ANNE STINGEL  APPELLANTANDGEOFFREY CLARK  RESPONDENTStingel v Clark [2006] HCA 3720 July 2006M153/2005ORDER1.        Appeal allowed with costs.2.Set aside orders 2 and 3 of the Court of Appeal of the Supreme Court of Victoria made on 12 May 2005 (as amended by order made on 8 June 2005) and, in their place, order that the appeal to that Court is dismissed with costs.On appeal from the Supreme Court of VictoriaRepresentationR P Gorton QC with T J Seccull for the appellant (instructed by Maurice Blackburn Cashman)R J Stanley QC with C M O'Neill for the respondent (instructed by Coadys)T J Casey QC with J H L Forrest QC and A J M Moulds seeking leave to intervene on behalf of the Commonwealth of Australia (instructed by Australian Government Solicitor)J H Kennan SC with K D Mueller seeking leave to intervene on behalf of Carl Henning Wright (instructed by Hollows Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSStingel v ClarkLimitation of Actions – Appellant alleged respondent had raped and assaulted her in 1971 – Appellant alleged that she suffered post-traumatic stress disorder of delayed onset in 2000 and became aware of the connection between this disorder and the rapes and assaults in the same year – Proceedings were commenced for trespass to the person in 2002 by which time the general limitation period of six years for commencing...