NSW Caselaw
BHP STEEL (AIS) PTY LTD v GIUDICE
BHP STEEL (AIS) PTY LTD v BUJAROVSKI BHP STEEL (AIS) PTY LTD v DIMITRIOSKI BHP STEEL (AIS) PTY LTD v NAUMOVSKI
BHP STEEL (AIS) PTY LTD v FAIOLA SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
MASON P, HANDLEY and COLE JJA 24 February 1997, 7 March 1997 [1997] NSWCA 46
ABSENCE of reasons for extensions of time — appeals upheld — application of established principles.
Mason P, Handley and Cole JJA Before the Court were six summons of leave to appeal from decisions of his Honour Judge Gallen granting extensions of time within which common law actions in the District Court could be brought grounded upon alleged negligence causing hearing loss to the various worker opponents. By consent of all parties the matters were heard together and it was agreed that the Court would consider both the application for leave to appeal, and if granted, the appeal itself.
APPLICABLE PRINCIPLES
The relevant statutory provisions requiring consideration are found in s60G and s60I Limitation Act 1969 as amended. Those sections are as follows:
"60G (1) This section applies to a cause of action that accrues on or after 1 September 1990, founded on negligence, nuisance or breach of duty, for damages for personal injury, but does not apply to a cause of action arising under the Compensation to Relatives Act 1897.
(2) If an application for an order under this section is made to a court by a person claiming to have a cause of action to which this section applies, the court, after hearing such of the persons likely to be affected by the application as it sees fit, may, if it decides that it is just and reasonable to do so, order that the limitation period for the cause of action be extended for such period as it determines."
"601(1) A court may not make an order under s60G or s60H unless it is satisfied that:
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