ASB-Tech Services Pty. Ltd. (In Liquidation) v. Doeland & Anor. [2003] NSWCA 167

New South Wales Court of Appeal

CITATION : ASB-Tech Services Pty. Ltd. (In Liquidation) v. Doeland & Anor. [2003] NSWCA 167 HEARING DATE(S) : 12 June 2003 JUDGMENT DATE : 27 June 2003

JUDGMENT OF : Handley JA at 1; Hodgson JA at 2; Cripps AJA at 40 DECISION : 1. Leave to appeal granted, subject to a Notice of Appeal being filed within 14 days. 2. Appeal allowed, decision of primary judge set aside, and in lieu thereof application by the first opponent as against the claimant dismissed with costs. 3. First opponent to pay claimant's costs of the application and the appeal, and to have a Suitors Fund certificate if otherwise entitled.

CATCHWORDS : LIMITATION OF ACTIONS - Extension of period - Explanation of delay - Need for appellant to lead adequate evidence - Explanation and prejudice to be taken into account in deciding whether fair and just to grant extension - Relevance of prejudice to third party which respondent could join. Law Reform (Miscellaneous Provisions) Act 1946, s.5 LEGISLATION CITED : Limitation Act 1969 s.60C Workers Compensation Act 1987 ss.151D, 151Z. Brambles Constructions Pty. Ltd. v. Helmers (1968) 114 CLR 213 CASES CITED : Itex Graphics Pty. Ltd. v. Elliott (2002) 54 NSWLR 207 Leonard v. Smith (1992) 27 NSWLR 5 ASB-Tech Services Pty. Limited (In Liquidation) - claimant PARTIES : Willem Doeland - First opponent Delta Electricity - Second opponent FILE NUMBER(S) : CA 40861/02 COUNSEL : Mr. H.N. Kelly for claimant Mr. R.H. Taperell for first opponent A.O. Ellison & Co., Sydney for claimant SOLICITORS : Cantle Carmichael, Newcastle for 1st opponent Acuiti Legal, Sydney for 2nd opponent