Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Moon v Moon [2001] FCA 1712
LIMITATIONS – injury received in motor vehicle accident in 1987 – plaintiff gave notice of claim under statutory compensation scheme in 1988 – scheme abolished and limited common law rights restored in 1989 – plaintiff learned of restoration in 1994 and gave notice of claim to defendant's insurer in 1995 – Supreme Court extends three year limitation period – application for leave to appeal against Supreme Court decision – whether conflict of authorities on question of assumption of prejudice – whether primary judge mistook onus and actual prejudice suffered by defendant by reason of delay. Limitation Act 1985 (ACT)ss 56, 57 Motor Accidents Act 1988 (NSW), s 52 Federal Proceedings (Costs) Act 1981 (Cth), ss 6, 7. John Pfeiffer Pty Limited v Rogerson [2000] HCA 36; (2000) 74 ALJR 1109; (2000) 172 ALR 625 O'Brien v O'Brien (1995) 35 NSWLR 664 Bartlett v Bartlett (2000) 170 ALR 25 Holt v Wynter [2000] NSWCA 143 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 House v R (1936) 55 CLR 499 NEIL GEORGE MOON v MARLENE MOON A 14 of 2001 MILES, GYLES and STONE JJ 7 DECEMBER 2001 CANBERRA
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY A14 OF 2001
DISTRICT REGISTRY
ON APPEAL FROM THE SUPREME COURT OF THE
AUSTRALIAN CAPITAL TERRITORY
BETWEEN: NEIL GEORGE MOON
APPLICANT
AND: MARLENE MOON
RESPONDENT JUDGES: MILES, GYLES and STONE JJ
DATE OF ORDER: 7 DECEMBER 2001
WHERE MADE: CANBERRA
THE COURT ORDERS THAT: 1. The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY A14 of 2001
DISTRICT REGISTRY
ON APPEAL FROM THE SUPREME COURT OF THE
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate