THE AUSTRALIAN RED CROSS SOCIETY (NSW) DIVISION v PD; WESTERN AREA HEALTH SERVICE v PD [1992] NSWCA 249

THE AUSTRALIAN RED CROSS SOCIETY (NSW) DIVISION v PD; WESTERN AREA HEALTH SERVICE v PD

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA, HANDLEY JA and SHELLER JA 18 December, 22 December 1992

[1992] NSWCA 249

LEAVE TO APPEAL

Priestley JA, Handley JA and Sheller JA. On Friday last, two summonses were before us which by consent were heard together. The claimant in one was the first defendant and the claimant in the other the second defendant in proceedings in the Common Law Division brought against them by the opponent. On 26 November last Badgery-Parker J granted to the opponent under s 58 and also separately under s 60G of the Limitation Act 1969 extensions of time in proceedings against each of the defendants. The claimants sought leave to appeal against Badgery-Parker J's orders.

The claimants wished to rely on three grounds as being sufficiently arguable and of sufficient importance to warrant the granting of leave.

One ground concerned a question of admissibility of evidence. In the opinion of the court, this point, standing alone,The application for leave so far as it concerns the extension under s 60G therefore fails.

The remaining ground was directed to the extension granted under s 58. The parties agreed that if the court reached the view it has about s 60G there would be no utility in granting leave on this point alone, and we have not considered it.

Each summons is therefore dismissed with costs.

Orders accordingly.

Counsel for the claimants (40712/92): M TOBIN QC / ACA BRIDGE Counsel for the claimants (40714/92): P GARLINS

Solicitors for the claimant (40712/92): TRESS COCKS and MADDOX Solicitors for the claimant (40714/92): AUDREY LEE

Counsel for the opponents: PSEMMLER QC / M SCOTT

Solicitors for the opponents: TURNER FREEMAN