NSW Caselaw
New South Wales Court of Appeal
CITATION: GIO GENERAL LIMITED v LOVE [2009] NSWCA 269
HEARING DATE(S): 31/08/2009
JUDGMENT DATE: 4 November 2009
JUDGMENT OF: Basten JA at 1; Young JA at 13; Handley AJA at 14
(1) Grant leave to appeal. (2) The draft notice of appeal is to be filed within 10 days. Further compliance with the rules otherwise dispensed with. DECISION: (3) Appeal allowed with costs. (4) Orders of the District Court set aside, and in lieu thereof order that the Notice of Motion of 9 April 2008 be dismissed with costs. (5) Respondent to have a certificate under the Suitors Fund Act.
CATCHWORDS: LIMITATION OF ACTIONS – extension of limitation period – loss of realistic claim in contract against third party – witnesses no longer available or uncooperative – statements no substitute – actual prejudice – extension refused.
District Court Act 1973 (NSW) Judiciary Act 1903 (Cth) LEGISLATION CITED: Law Reform (Miscellaneous) Provisions Act 1946 Limitation Act 1969 (NSW) Workers Compensation Act 1987 (NSW)
Border Auto Wreckers (Wodonga) Pty Ltd v Strathdee [1997] 2 VR 31 Brisbane South Regional Health Authority v Taylor (1986) 186 CLR 541 Creevey v Barrois [2005] NSWCA 264 Commonwealth of Australia v Shaw (2006) 66 NSWLR 325 CASES CITED: Hall v Nominal Defendant [1966] HCA 36; 117 CLR 423 Henry Kendall & Sons v William Lillico & Sons Ltd [1969] 2 AC 31 Merton Enterprises Pty Ltd v Nelson (1988) 13 NSWLR 454 Seven Network Ltd v News Ltd [2005] FCAFC 125 Walters v Cross-Country Fuels Pty Ltd [2009] NSWCA 10
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