Cecila Jane Filipovic v Heli Australia Pty Limited & Ors ( 20880/95);Tony Slavko Filipovic v Heli Australia Pty Limited & Ors (20881/95) [1999] NSWSC 386

Cecila Jane Filipovic v Heli Australia Pty Limited & Ors ( 20880/95);Tony Slavko Filipovic v Heli Australia Pty Limited & Ors (20881/95) [1999] NSWSC 386

Although the plaintiffs' solicitor demonstrated questionable diligence, the explanation for delay due to illness was sufficiently reasonable and there was no demonstrated actual prejudice. A further extension was warranted to allow the case to be determined on its merits.

Jurisdiction
Australia
Judgment Date
29 April 1999
Procedural Posture
Motion / Interlocutory Application for Extension of Time
Outcome
Application for extension of time granted
Legal Topics
['extension of Time' 'limitation Period' 'amended Statement of Claim']
['civil Procedure'] ['extension of Time' 'limitation Period' 'amended Statement of Claim']

Case Brief

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Procedural Posture

Motion / Interlocutory Application for Extension of Time

Legal Issues

  1. 1 ['Whether the limitation period for commencing action against the fifth defendant should be extended beyond the previously ordered period' 'Whether time for service of the further amended statement of claim should be extended']

Ratio Decidendi

Although the plaintiffs' solicitor demonstrated questionable diligence, the explanation for delay due to illness was sufficiently reasonable and there was no demonstrated actual prejudice. A further extension was warranted to allow the case to be determined on its merits.

Court Disposition

Application for extension of time granted

Orders

  • ['The limitation period for commencing an action against the estate of R J Hunt be extended up to and including 25 September 1998.' 'The time for service of the further amended statement of claim be extended up to 25 September 1998.' 'Costs are reserved.']