Chang Jeeng v Nuffield (Australia) Pty Ltd [1959] HCA 40

Chang Jeeng v Nuffield (Australia) Pty Ltd [1959] HCA 40

The majority held that where the right to sue was not barred at the time of the amendment, the enlarged limitation period applied, so Chang Jeeng's application for an extension was made within time and was competent; there was no statutory provision indicating the old period should continue to govern pending cases.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment on Appeal to High Court
Outcome
Appeal allowed
Legal Topics
['limitation Periods' 'retrospective Operation of Statutes' 'extension of Time Limits']
["workers' Compensation" 'statutory Interpretation'] ['limitation Periods' 'retrospective Operation of Statutes' 'extension of Time Limits']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment on Appeal to High Court

Legal Issues

  1. 1 ["Whether the amendment to s. 63(3) of the Workers' Compensation Act 1926-1951 (NSW), substituting 'three years' for 'twelve months' as the prescribed period for instituting common law proceedings, applied to cases where the first payment of compensation was received before the amendment" 'Whether the application for extension made by Chang Jeeng in December 1956 was competent under the amended provision']

Ratio Decidendi

The majority held that where the right to sue was not barred at the time of the amendment, the enlarged limitation period applied, so Chang Jeeng's application for an extension was made within time and was competent; there was no statutory provision indicating the old period should continue to govern pending cases.

Court Disposition

Appeal allowed

Orders

  • ['Discharge the order of the Full Court of the Supreme Court of 25 June 1958' "Declare that the appellant's application made 12 December was made within time and is competent" 'Remit the cause to the Full Court for consideration and determination consistently with this order and to dispose of the costs in the...