NSW Caselaw
New South Wales Court of Appeal
CITATION : McMILLAN v BEVAN [2002] NSWCA 143 FILE NUMBER(S) : CA 40677/01 HEARING DATE(S) : 14 May 2002 JUDGMENT DATE : 14 May 2002
PARTIES : Janet McMillan - Claimant Rhys Anthony Bevan - Opponent JUDGMENT OF : Meagher JA at 28; Sheller JA at 1; Pearlman AJA at 29
LOWER COURT JURISDICTION : District Court LOWER COURT DC 4/99 (Kempsey) FILE NUMBER(S) : LOWER COURT Coleman DCJ JUDICIAL OFFICER :
COUNSEL : D P M O'Dowd - Claimant A J Abadee - Opponent SOLICITORS : Stacks - Claimant Phillips Fox - Opponent CATCHWORDS : LIMITATION PERIOD - Limitation Act 1969 - ss60A, 60C and 60E - personal injury claims - three year primary limitation period - five year secondary limitation period LEGISLATION CITED : Limitation Act 1969 CASES CITED: Carlton & Anor v Hunter Valley X-Rays Pty Ltd [2001] NSWSC 109 Sydney City Council v Zegarac (1998) 43 NSWLR 195 DECISION : 1. Leave to appeal upon ground 1 in the draft notice of appeal; 2. Appeal allowed; 3. Set aside the order of his Honour Judge Coleman made on 17 August 2001, dismissing the claimant's application to extend time; 4. Remit the application for hearing to the District Court; 5. The opponent to pay the claimant's costs of the application for leave and of the appeal but to have a certificate under the Suitors Fund Act 1951.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40677/01 DC 4/99 (Kempsey)
MEAGHER JA SHELLER JA PEARLMAN AJA
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