WOOD v ORGILL [1999] NSWCA 36

WOOD v ORGILL [1999] NSWCA 36

The judge at first instance applied the correct test for an extension of time notwithstanding delay and no error has been shown in the exercise of discretion; application for leave to appeal dismissed with costs.

Jurisdiction
Australia
Judgment Date
01 March 1999
Procedural Posture
Application for Leave to Appeal / Court of Appeal Determination of Application for Leave
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
['leave to Appeal' 'extension of Time' 'limitation Periods' 'motor Accident Compensation' 'nervous Shock']
['civil Procedure'] ['leave to Appeal' 'extension of Time' 'limitation Periods' 'motor Accident Compensation' 'nervous Shock']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Determination of Application for Leave

Legal Issues

  1. 1 ['Whether the District Court erred in granting extension of time to file statement of claim out of time under Motor Accidents Act 1988 s52(4)' 'Whether the primary judge failed to take into account material considerations in exercising discretion to extend time']

Ratio Decidendi

The judge at first instance applied the correct test for an extension of time notwithstanding delay and no error has been shown in the exercise of discretion; application for leave to appeal dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • ['Application for leave to appeal dismissed with costs']