Steele v Master Builders Association of NSW & Anor [1999] NSWSC 33

Steele v Master Builders Association of NSW & Anor [1999] NSWSC 33

Plaintiff did not satisfy the statutory requirement of being unaware, at the relevant time, of at least one of the matters in s 60I(1)(a) Limitation Act 1969, therefore the extension of the limitation period was not properly granted and the appeals must be allowed.

Parties
Plaintiff/respondent: Gary Michael Steele; First Defendant/appellant: Master Builders Association of NSW; Second Defendant/appellant: Timalco Glass Structures Pty Ltd
Jurisdiction
Australia
Judgment Date
11 February 1999
Procedural Posture
Appeal / Judgment on Appeal Against Interlocutory Order Extending Limitation Period
Outcome
Appeals allowed; extension application refused
Legal Topics
Limitation of Actions, Leave to Appeal, Extension of Time
Civil Procedure Personal Injury Limitation of Actions Leave to Appeal Extension of Time

Case Brief

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Parties

Gary Michael Steele

Plaintiff/respondent

Master Builders Association of NSW

First Defendant/appellant

Timalco Glass Structures Pty Ltd

Second Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Interlocutory Order Extending Limitation Period

Legal Issues

  1. 1 Whether plaintiff was unaware of the fact, nature, extent, or cause of injury for purposes of s 60I Limitation Act 1969
  2. 2 Whether the extension of the limitation period under s 60G(2) Limitation Act 1969 was correctly granted

Ratio Decidendi

Plaintiff did not satisfy the statutory requirement of being unaware, at the relevant time, of at least one of the matters in s 60I(1)(a) Limitation Act 1969, therefore the extension of the limitation period was not properly granted and the appeals must be allowed.

Court Disposition

Appeals allowed; extension application refused

Orders

  • Leave to appeal given to First and Second Defendants pursuant to Pt 60 r 11(4)
  • Appeals against the order of Master Malpass made on 5 November 1991 allowed