SCREEN PRINTING SUPPLIES PTY LTD v THE DISTRICT COURT OF NSW R [1990] NSWCA 163

SCREEN PRINTING SUPPLIES PTY LTD v THE DISTRICT COURT OF NSW R [1990] NSWCA 163

No legal error was shown on the face of the record regarding the District Court judge's extension of the limitation period; any alleged mistakes were errors of fact, not law, and certiorari cannot issue in such circumstances.

Parties
Claimant: Screen Printing Supplies Pty Ltd; First Opponent: The District Court of NSW; Second Opponent: Second Opponent
Jurisdiction
Australia
Judgment Date
07 March 1990
Procedural Posture
Certiorari Application / Appellate
Outcome
summons dismissed with costs
Legal Topics
Certiorari, Extension of Limitation Period, Error of Law, Limitation Act 1969 S58(2)
Civil Procedure Certiorari Extension of Limitation Period Error of Law Limitation Act 1969 S58(2)

Case Brief

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Parties

Screen Printing Supplies Pty Ltd

Claimant

The District Court of NSW

First Opponent

Second Opponent

Second Opponent

Procedural Posture

Certiorari Application / Appellate

Legal Issues

  1. 1 Whether the District Court judge made an error of law in extending the limitation period under s58(2) of the Limitation Act 1969.
  2. 2 Whether the judge's inference about continued employment constituted an error of law.
  3. 3 Whether the trial judge applied the correct legal test regarding the means of knowledge under the Limitation Act.

Ratio Decidendi

No legal error was shown on the face of the record regarding the District Court judge's extension of the limitation period; any alleged mistakes were errors of fact, not law, and certiorari cannot issue in such circumstances.

Court Disposition

summons dismissed with costs

Orders

  • The summons is dismissed with costs.