NSW Caselaw
New South Wales Court of Appeal
Richard Crookes Constructions Pty Ltd v Kozul (revised 6.9.05) [2005] NSWCA 312 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 5 September 2005
JUDGMENT DATE: 5 September 2005
JUDGMENT OF: Tobias JA at 1; Young CJ in Eq at 41; Hunt AJA at 42
DECISION: Summons for leave to appeal dismissed with costs
CATCHWORDS: LIMITATION OF ACTIONS - Extension of limitation period for claim for personal injury - Length and reasons for delay - Prejudice to defendant - Likelihood of a fair trial - Application for extension supported by affidavit of solicitor only - No affidavit from applicant - Whether evidence supporting application sufficient to give Court satisfactory understanding of why proceedings not commenced in time - Whether prejudice to defendant such that would not be just and reasonable to extend time - Limitation Act 1969 s 60C(2)
Evidence Act 1995 Limitation Act 1969 LEGISLATION CITED: Motor Accidents Act 1988 Workers' Compensation Act 1987
ASB-Tech Services Pty Limited v Doeland [2003] NSWCA 167 Brisbane South Regional Health Service v Taylor (1996) 186 CLR 541 Holt v Wynter (2000) 49 NSWLR 128 CASES CITED: House v The King (1936) 55 CLR 499 Jones v Royal Hospital for Women (Court of Appeal, 24 July 1998, unreported) McLean v Sydney Water Corporation [2001] NSWCA 122
Richard Crookes Constructions Pty Limited PARTIES: Richard Crookes Constructions Group Pty Limited Bosko Kozul
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