Shaw v Commonwealth of Australia [2005] NSWSC 1027

Shaw v Commonwealth of Australia [2005] NSWSC 1027

The plaintiff was unaware of the connection between his injuries and the collision until 2002; extension of limitation is just and reasonable and does not cause significant prejudice to the Commonwealth.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 October 2005
Procedural Posture
Application to Extend Limitation Period / Judgment on Limitation Extension
Outcome
Limitation period extended
Legal Topics
['limitation of Actions' 'extension of Limitation Periods' 'prejudice to Defendant']
['personal Injury' 'civil Procedure'] ['limitation of Actions' 'extension of Limitation Periods' 'prejudice to Defendant']

Source-derived case record

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Procedural Posture

Application to Extend Limitation Period / Judgment on Limitation Extension

Legal Issues

  1. 1 ['Whether Limitation Act 1969 s 60I preconditions are met for extension' 'Whether it is just and reasonable to extend the limitation period under s 60G' 'Whether extension would result in significant prejudice to the defendant']

Ratio Decidendi

The plaintiff was unaware of the connection between his injuries and the collision until 2002; extension of limitation is just and reasonable and does not cause significant prejudice to the Commonwealth.

Court Disposition

Limitation period extended

Orders

  • ['Limitation period for the cause of action extended to 4 October 2004' 'Costs reserved']