NSW Caselaw
New South Wales Supreme Court
CITATION : Corbett v Toll Stevedoring Pty Limited [2007] NSWSC 347
HEARING DATE(S) : 30 March 2007 5 April 2007
JUDGMENT DATE : 5 April 2007
JUDGMENT OF : Price J at 1
EX TEMPORE JUDGMENT DATE : 5 April 2007
DECISION : 1. The plaintiff is given leave to file the further amended statement of claim in the form of the Second Further Amended Statement of Claim. 2. The plaintiff is given an extension of time pursuant to s 60 C of the Limitation Act 1969 within which to commence proceedings against BHPB Freight Pty Limited namely, the Second Further Amended Statement of Claim is to be filed in this Court's registry by 4pm on 16 April 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.
Limitation Act 1969 s 18A, s 60C, s 60C(2), LEGISLATION CITED : s 60E (1), Workers Compensation Act s 151C,
PARTIES : Gary John Corbett Toll Stevedoring Pty Limited & Others
FILE NUMBER(S) : SC 20179 of 2004
COUNSEL : Mr H Kelly SC and Mr P Menary - Plaintiff Mr T Parker SC - 5th Defendant
SOLICITORS : W G McNally & Co. Lawyers - Plaintiff Piper Alderman Solicitors - 5th Defendant
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
Price J
5 April 2007
20179 of 2004
Gary John Corbett v Toll Stevedoring Pty Limited & Others
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