NSW Caselaw
New South Wales Court of Appeal
CITATION : THOMPSON v SRA [2001] NSWCA 429 FILE NUMBER(S) : CA 41042/00 HEARING DATE(S) : 23 November 2001 JUDGMENT DATE : 30 November 2001
DAVID CLAYTON THOMPSON PARTIES : v STATE RAIL AUTHORITY OF NEW SOUTH WALES JUDGMENT OF : Sheller JA at 1; Hodgson JA at 2; Rolfe AJA at 3
LOWER COURT JURISDICTION : District Court LOWER COURT DC 4945/00 FILE NUMBER(S) : LOWER COURT Garling DCJ JUDICIAL OFFICER :
COUNSEL : Appellant - M I Bozic SC/R L Ingram Respondent - J P Guihot SOLICITORS : Appellant - Taylor & Scott Respondent - Blackmore & Associates, Edgecliff CATCHWORDS : LIMITATION OF ACTIONS - appeal against refusal to extend time under s 52(4) of the Motor Accidents Act 1988 -extension sought for action to recover damages for nervous shock allegedly caused by incident that occurred 11 years ago - prejudice to defendant - whether trial Judge erred in concluding there would be significant prejudice to defendant and there could not be a fair trial LEGISLATION CITED : Motor Accidents Act 1988 CASES CITED: N/a DECISION : Leave to appeal refused; The claimant pay the opponent's costs of the application for leave to appeal.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 41042/00 DC 4945/99 SHELLER JA HODGSON JA ROLFE AJA
30 November 2001 Thompson v State Rail Authority of New South Wales
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