New South Wales Law Reform Commission
To the Honourable T W Sheahan BA, LLB, MP,
Attorney General for New South Wales
COMMUNITY LAW REFORM PROGRAM: LIMITATION OF ACTIONS FOR PERSONAL INJURY CLAIMS
Dear Mr Attorney General
We make this Report under the reference from the late Honourable D P Landa, LLB, MP, Attorney General dated 5 March 1984.
Mr Keith Mason QC
(Chairman)
Ms Helen Gamble
(Commissioner)
Professor Colin Phegan
(Commissioner)
Mr H D Sperling QC
(Commissioner)
October 1986
The Secretary of the Commission is Mr John McMillan and its offices are at 16th Level, Goodsell Building, 8-12 Chifley Square, Sydney, NSW (telephone (02) 238-7213)).
Terms of Reference
On 5 March 1984, the then Attorney General of New South Wales, the late Honourable D P Landa, LLB MP made the following reference to the Commission:
To inquire and report on the following matters:
- Whether section 60 of the Limitation Act 1969 should be amended to allow the Supreme Court to grant extensions of time to sue in respect of death claims on the same terms as that currently existing for other personal injury claims.
- Whether the Limitation Act 1969 should be reconsidered generally insofar as it applies to personal injury claims, to ascertain the need for an additional general discretion under this legislation broad enough to allow courts to prevent a particular injustice which might arise in the application of specific clauses.
- Any incidental matter.
Participants
For the purpose of the reference a Division was created by the Chairman, in accordance with s12A of the Law Reform Commission Act 1967. The Division when first constituted on 18 October 1984 comprised the following members of the Commission:
Professor Ronald Sackville (Chairman)
Miss Deirdre O'Connor
Professor Colin Phegan
The Division was reconstituted on 21 March 1985 to comprise:
Mr Keith Mason QC
Miss Deirdre O'Connor*
Professor Colin Phegan*
Mr H D Sperling QC joined the Division in July 1985.
The Division was reconstituted on 7 May 1986 to comprise:
Mr Keith Mason QC
Professor Colin Phegan
Mr H D Sperling QC
Ms Helen Gamble*
[Each person had primary responsibility for the conduct of the reference at a different stage: Miss O'Connor 5 March 1984-21 March 1985, Professor Phegan 21 March 1985-1 April 1986: Ms Gamble 1 April 1986 to its conclusion.]
Research and other assistance:
Ms Shelagh Coleman
Ms Fiona Tito
Ms Anna Nemantc
Secretary:
Typing and Word Processing:
Ms Lorna Clarke
Mrs Nozveen Nisha Khan
Secretarial assistance:
Administrative Assistance:
Miss Zoya Howes
Ms Dianne Wood
Librarian: