GOVERNMENT INSURANCE OFFICE OF NSW v STRANGE [1995] NSWCA 175

GOVERNMENT INSURANCE OFFICE OF NSW v STRANGE [1995] NSWCA 175

The opponent did not fall within the statutory window for extension under s60I as she had all necessary knowledge at least four months before expiry, was represented by solicitors, and could have commenced proceedings within the proper time; therefore, leave to appeal was granted, appeal allowed, and the extension set aside.

Parties
Claimant/appellant: Government Insurance Office of NSW; Opponent/respondent: Strange
Jurisdiction
Australia
Judgment Date
28 November 1995
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Extension of Time, Knowledge of Injury, Limitation Act 1969 S60 G and S60 I
Limitation of Actions Personal Injury Extension of Time Knowledge of Injury Limitation Act 1969 S60 G and S60 I

Case Brief

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Parties

Government Insurance Office of NSW

Claimant/appellant

Strange

Opponent/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the opponent's ignorance of the nature or extent of her personal injury justified an extension of the limitation period under s60I of the Limitation Act 1969.
  2. 2 Whether the circumstances satisfied the statutory threshold for granting an extension.

Ratio Decidendi

The opponent did not fall within the statutory window for extension under s60I as she had all necessary knowledge at least four months before expiry, was represented by solicitors, and could have commenced proceedings within the proper time; therefore, leave to appeal was granted, appeal allowed, and the extension set aside.

Court Disposition

appeal allowed

Orders

  • Leave to appeal granted.
  • Appeal allowed.