Browning v Bitupave Ltd [2007] NSWSC 786

New South Wales Supreme Court

CITATION : Browning v Bitupave Ltd [2007] NSWSC 786

HEARING DATE(S) : 6 July 2007

JUDGMENT DATE : 6 July 2007

JUDGMENT OF : Price J at 1

EX TEMPORE JUDGMENT DATE : 6 July 2007

DECISION : 1. Grant leave to the plaintiff to join the cross-defendant, the Cessnock City Council, as a second defendant in these proceedings. 2. Pursuant to section 60E of the Limitation Act, time is extended until 4pm on 13 July 2007 for the plaintiff to commence proceedings against the Cessnock City Council. I grant leave to the plaintiff to commence the proceedings by the filing of an amended statement of claim in the form of annexure M with the addition of the particulars identifying the relevant road resurfacing standards which are claimed not have been complied with. The amended statement of claim is to be filed in the court's registry by 4pm on 13 July 2007. 3. Costs of the motion are to be costs in the cause.

CATCHWORDS : Application for extension of time - s 60C of the Limitation Act 1969 - explanation of delay - evidence of cause of action - prejudice - just and reasonable to extend limitation period.

LEGISLATION CITED : Limitation Act 1969 s 18A, s 60C, s 60C(2), s60E(1)

CASES CITED : State of Queensland & Anor v JL Holdings Pty Ltd (1997) 189 CLR 146

PARTIES : Annette Trudie Browning Bitupave Limited

FILE NUMBER(S) : SC 20137/05

Mr Doherty SC - Plaintiff COUNSEL : Mr Sheldon - Defendant Mr Walsh - Cross-defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

PRICE J

6 July 2007

20137/05 Annette Trudie Browning v Bitupave Limited