Gilmore v Waugh [2012] NSWCA 263

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gilmore v Waugh [2012] NSWCA 263 Hearing dates: 19 June 2012 Decision date: 24 August 2012 Before: Campbell JA at [1]; Macfarlan JA at [2]; Meagher JA at [78] Decision: Application for leave to appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: LIMITATION OF ACTIONS - medical negligence - proceedings against general practitioner - extensions of time sought to join two specialists (the respondents) - failure to show viable causes of action and adequately explain delay - whether "just and reasonable" to extend time - whether applicant satisfied gateway provisions under Limitations Act 1969 (NSW) ss 60E(1) and 60I - no error by primary judge in refusing extensions Legislation Cited: Civil Liability Amendment (Personal Responsibility) Act 2002 Limitation Act 1969 Cases Cited: Certain Lloyds Underwriters v Giannopoulos [2009] NSWCA 56 Harris v Commercial Minerals Ltd [1996] HCA 49; 186 CLR 1 Rutter v State of NSW [2005] NSWCA 231 Warren v Coombes [1979] HCA 9; 142 CLR 531 Williams v Minister, Aboriginal Land Rights Act 1983 (1994) 35 NSWLR 497 Yu v Speirs [2001] NSWCA 373 Category: Principal judgment Parties: Peter Hugh Walter Gilmore (Applicant/Appellant) David Waugh (First Respondent) Gavin Barr (Second Respondent) Representation: Counsel: R Sheldon SC/P Knowles (Applicant/Appellant) S R Donaldson SC/G B Evans (Respondents) Solicitors: Stacks Goudkamp (Applicant/Appellant) TressCox Lawyers (Respondents) File Number(s): CA 2005/269136 Decision under appeal Citation: Gilmore v Quittner [2011] NSWSC 809 Date of Decision: 2011-08-02 00:00:00 Before: Hall J File Number(s): SC 2005/269136