Smith v The Commonwealth of Australia [2006] NSWSC 956

Smith v The Commonwealth of Australia [2006] NSWSC 956

The opposition of the Commonwealth to the plaintiff’s application for extension of the limitation period was unreasonable in the circumstances, having regard to the available evidence and absence of actual prejudice, and a costs order should be made in favour of the plaintiff.

Jurisdiction
Australia
Judgment Date
18 September 2006
Procedural Posture
Application for Extension of Limitation Period and Order for Costs / Post Hearing; Determination of Costs Following Order Extending Limitation Period
Outcome
Costs for the plaintiff
Legal Topics
['costs' 'extension of Time' 'limitation of Actions']
['civil Procedure'] ['costs' 'extension of Time' 'limitation of Actions']

Case Brief

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Procedural Posture

Application for Extension of Limitation Period and Order for Costs / Post Hearing; Determination of Costs Following Order Extending Limitation Period

Legal Issues

  1. 1 ['Whether the usual rule on costs applies when extension of limitation period is granted' "Whether the Commonwealth's opposition to the extension was unreasonable" 'Whether the plaintiff was at fault in being out of time' "Relevance of the Commonwealth's conduct in similar cases to costs"]

Ratio Decidendi

The opposition of the Commonwealth to the plaintiff’s application for extension of the limitation period was unreasonable in the circumstances, having regard to the available evidence and absence of actual prejudice, and a costs order should be made in favour of the plaintiff.

Court Disposition

Costs for the plaintiff

Orders

  • ['Plaintiff is to have his costs of the application as agreed or assessed']