THE AUSTRALIAN RED CROSS SOCIETY (NSW) DIVISION v PD; WESTERN AREA HEALTH SERVICE v PD [1992] NSWCA 249

THE AUSTRALIAN RED CROSS SOCIETY (NSW) DIVISION v PD; WESTERN AREA HEALTH SERVICE v PD [1992] NSWCA 249

The application for leave to appeal fails regarding the extension under s 60G, and since there is no utility in granting leave regarding the extension under s 58 alone, both summonses are dismissed with costs.

Parties
Claimant: The Australian Red Cross Society (NSW) Division; Claimant: Western Area Health Service; Opponent: PD
Jurisdiction
Australia
Judgment Date
22 December 1992
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
leave to appeal dismissed
Legal Topics
Extension of Limitation Period, Admissibility of Evidence, Leave to Appeal
Civil Procedure Extension of Limitation Period Admissibility of Evidence Leave to Appeal

Case Brief

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Parties

The Australian Red Cross Society (NSW) Division

Claimant

Western Area Health Service

Claimant

PD

Opponent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 whether extensions of time under s 58 and s 60G of the Limitation Act 1969 were properly granted
  2. 2 whether evidence was admissible for the purpose of extending limitation periods

Ratio Decidendi

The application for leave to appeal fails regarding the extension under s 60G, and since there is no utility in granting leave regarding the extension under s 58 alone, both summonses are dismissed with costs.

Court Disposition

leave to appeal dismissed

Orders

  • each summons is dismissed with costs