Chantrill v Naum [2009] NSWDC 206

New South Wales District Court

CITATION: Chantrill v Naum [2009] NSWDC 206

HEARING DATE(S): 29 June 2009 EX TEMPORE JUDGMENT DATE : 30 June 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1) The application is dismissed. DECISION: 2) The plaintiff is to pay the defendants' costs of the application. 3) The exhibits are returned. 4) The affidavits are retained.

CATCHWORDS: LIMINATIONS - Unsatisfactory explanation for 7 year delay in commencement of proceedings - Prejudice in circumstances of emphatic denial by defendants of plaintiffs version of events leading to injury

LEGISLATION CITED: Civil Liability Act 2002 Limitation Act 1969

Pauline Chantrill (Plaintiff) PARTIES: Komninos Naum (First Defendant) Elizabeth Yosifidis (Second Defendant) Komjoe Pty Limited (Third Defendant)

FILE NUMBER(S): 5916/08

COUNSEL: M Aldridge SC and Mr Fraser (for the Plaintiff) Mr M. Vesper (for the First, Second and Third Defendants)

SOLICITORS: Maxwell Berghouse & Ives (for the Plaintiff) Sparke Helmore (for the First, Second and Third Defendants)

JUDGMENT 1 The plaintiff, Pauline Chantrill, applied for an extension of time within which to bring an action for damages for personal injuries that she claimed she suffered on 20 November 2001. The defendants were involved in a newsagency business that was conducted on premises in Lane Cove where the injuries were allegedly suffered. The application was brought under s 60C of the Limitation Act 1969 which requires that the court consider whether it would be just and reasonable to extend time to allow the plaintiff to commence her proceedings and in reaching its decision, to consider the criteria set out in s 60E.