NSW Caselaw
New South Wales Supreme Court
CITATION : Stuart v DDK Commercial Interiors Pty Limited & Ors [2005] NSWSC 148
HEARING DATE(S) : 3 March 2005
JUDGMENT DATE : 11 March 2005
JURISDICTION : Common Law Division
JUDGMENT OF : Master Malpass at 1
DECISION : The notice of motion is dismissed; the plaintiff is to pay the costs of Fineseat Manufacturers Pty Limited and Ausware Products Pty Limited; the exhibits may be returned.
CATCHWORDS : Extension of limitation period - threshold requirements - viable cause of action - delay and explanation for delay - prejudice - manifestly hopeless application.
LEGISLATION CITED : Limitation Act 1969, ss60G, 60I
John Glenn Stuart (Plaintiff) DDK Commercial Interiors Pty Limited (Discontinued) (First Defendant) Charles Timms Pty Limited (Second Defendant) PARTIES : Norton Tower Pty Limited (Third Defendant) Fineseat Manufacturers Pty Limited Ausware Products Pty Limited
FILE NUMBER(S) : SC 20518/01
Mr A McQuillen (Plaintiff) Mr S Gardiner (Second Defendant) COUNSEL : Mr S Marsh (Fineseat Manufacturers Pty Limited) Mr P Arden SC & Mr N Robson (Solicitor) (Ausware Products Pty Limited)
G H Healey & Co - Sydney (Plaintiff) Sparke Helmore (Second Defendant) Turks Legal (Third Defendant) SOLICITORS : Vardanega Roberts (Fineseat Manufacturers Pty Limited) Johnstone Robinson (Ausware Products Pty Limited)
LOWER COURT JURISDICTION :
- 11 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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