NELSON and ANOR v MALE [1994] NSWCA 217

NELSON and ANOR v MALE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, MEAGHER and HANDLEY JJA 6 June 1994

[1994] NSWCA 217

Kirby P We are inclined to give leave. But, of course, as was said, only limited to the question of application of Limitation Act. The Court would not give leave in respect of the matter which the Court has been told would not in any case be challenged, namely, the steps taken by Judge McLachlan to cure the six day default in time in the filing of the application in the District Court. So, solely on that basis, the Court will give leave to the claimant to appeal.

The following orders are made:

1. Grant leave to the claimant to appeal against so much of the order as his Honour Judge McLachlan, dated 9 February 1994, as provided an extension of the time under the Limitation Act to the opponent within which to pursue the claim.

2. Expedite to the hearing of the appeal, Category C so that the appeal will be heard within 6 period of three months on a date fixed by Registrar.

3. Order written submissions.

4. The costs of the summons to be costs in the appeal.

Meagher JA I agree. Handley JA I agree. Kirby P They are the orders of the Court.

1. Grant leave to the claimant to appeal against so much of the order as his Honour Judge McLachlan, dated 9 February 1994, as provided an extension of the time under the Limitation Act to the opponent within which to pursue the claim.

2. Expedite to the hearing of the appeal, Category C so that the appeal will

be heard within 6 period of three months on a date fixed by Registrar.

Order written submissions.

4. The costs of the summons to be costs in the appeal.

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