Stingel v Clark

Limitation 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 actions in tort stipulated in s 5(1)(a) of the Limitation of Actions Act 1958 (Vic) ("the Act") had expired - Whether s 5(1A) of the Act applied to extend the limitation period from the date she first knew of those injuries and their causal connection - Whether a trespass to the person is an action for a "breach of duty" - Whether the injury alleged is a "disease or disorder contracted".

Words and phrases – "breach of duty", "disease or disorder contracted".

Limitation of Actions Act 1958 (Vic) – ss 5(1)(a), 5(1A), 23A.