Ratko v Ratko [2003] NSWCA 219

Ratko v Ratko [2003] NSWCA 219

It was open to the trial judge to find that the opponent had a real case to advance that his shoulder injury was caused by the accident and to regard his personal circumstances as a satisfactory explanation for the delay; there was no evidence of actual prejudice caused to the claimant by the delay.

Parties
Claimant: Mario Ratko; Opponent: Franc Ratko
Jurisdiction
Australia
Judgment Date
07 August 2003
Procedural Posture
Application for Leave to Appeal / Decision on Extension of Time and Leave to Appeal
Outcome
Time to apply for leave to appeal extended; application for leave to appeal dismissed with costs.
Legal Topics
Extension of Limitation Period, Just and Reasonable Grounds for Extension, Prejudice Due to Delay
Limitation of Actions Personal Injury Extension of Limitation Period Just and Reasonable Grounds for Extension Prejudice Due to Delay

Case Brief

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Parties

Mario Ratko

Claimant

Franc Ratko

Opponent

Procedural Posture

Application for Leave to Appeal / Decision on Extension of Time and Leave to Appeal

Legal Issues

  1. 1 whether opponent had a real case to advance that his injury was caused by accident
  2. 2 whether it is just and reasonable to extend limitation period under s 60C of the Limitation Act 1969
  3. 3 adequacy of reasons for delay

Ratio Decidendi

It was open to the trial judge to find that the opponent had a real case to advance that his shoulder injury was caused by the accident and to regard his personal circumstances as a satisfactory explanation for the delay; there was no evidence of actual prejudice caused to the claimant by the delay.

Court Disposition

Time to apply for leave to appeal extended; application for leave to appeal dismissed with costs.

Orders

  • Time to apply for leave to appeal extended
  • Application for leave to appeal dismissed with costs