NSW Caselaw
New South Wales Supreme Court
CITATION : Hoare v Fernando & Ors [2004] NSWSC 239 HEARING DATE(S) : 23 March 2004 JUDGMENT DATE : 31 March 2004 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass DECISION : The relevant limitation period for the plaintiff's claims is extended up to and including 21 December 2001. I order that the plaintiff pay the costs of the Notice of Motion. The Exhibits may be returned.
CATCHWORDS : Extension of limitation period - viable cause of action - delay and explanation for delay - prejudice and fair trial. LEGISLATION CITED : Limitation Act 1969, s 60C, s 60E. CASES CITED : Annetts v Australian Stations Pty Ltd 76 ALJR 1348. McLean v Sydney Water Corporation [2001] NSWCA 122. Pauline Jean Hoare (Plaintiff) v PARTIES : Vester Fernando (First Defendant) Far West Area Health Service (Second Defendant) Parole Board of New South Wales (formerly known as The Offenders Review Board) (Third Defendant) State of New South Wales (Fourth Defendant) FILE NUMBER(S) : SC 21019 of 2001 Mr G R Graham (Plaintiff) COUNSEL : N/A (First Defendant) Mr DG Nock SC (Second Defendant) N/A (Third & Fourth Defendants) T D Kelly & Co (Plaintiff) SOLICITORS : N/A (First Defendant) Hunt & Hunt (Second Defendant)\ N/A (Third & Fourth Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
Master Malpass
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