McMILLAN v BEVAN [2002] NSWCA 143

McMILLAN v BEVAN [2002] NSWCA 143

The three year limitation period under s18A of the Limitation Act 1969 may be extended by a further five years under s60C(2), resulting in a maximum limitation period of eight years from the date of the cause of action for personal injury claims. Judge Coleman erred in limiting the extension to five years only.

Parties
Claimant: Janet McMillan; Opponent: Rhys Anthony Bevan
Jurisdiction
Australia
Judgment Date
14 May 2002
Procedural Posture
Appeal / Leave to Appeal and Appeal From District Court Decision
Outcome
Appeal allowed
Legal Topics
Limitation Periods, Extension of Time, Limitation Act 1969, Personal Injury Claims
Limitation of Actions Personal Injury Limitation Periods Extension of Time Limitation Act 1969 Personal Injury Claims

Case Brief

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Parties

Janet McMillan

Claimant

Rhys Anthony Bevan

Opponent

Procedural Posture

Appeal / Leave to Appeal and Appeal From District Court Decision

Legal Issues

  1. 1 Whether s60C(2) of the Limitation Act 1969 allows a limitation period to be extended by up to five years beyond the three year primary limitation period for personal injury claims
  2. 2 Proper construction of Limitation Act 1969 s60C(2)

Ratio Decidendi

The three year limitation period under s18A of the Limitation Act 1969 may be extended by a further five years under s60C(2), resulting in a maximum limitation period of eight years from the date of the cause of action for personal injury claims. Judge Coleman erred in limiting the extension to five years only.

Court Disposition

Appeal allowed

Orders

  • Leave to appeal upon ground 1 in the draft notice of appeal
  • Appeal allowed