BRAMBLES AUSTRALIA LTD v HALL [1995] NSWCA 58

BRAMBLES AUSTRALIA LTD v HALL [1995] NSWCA 58

It was not reasonable to expect the opponent to take steps to ascertain the material facts relating to his cause of action prior to January 1993; therefore, the extension of time granted under s58(2) was correct.

Parties
Claimant: Brambles Australia Ltd; Opponent: Kenneth William Hall
Jurisdiction
Australia
Judgment Date
08 November 1995
Procedural Posture
Appeal / Decision on Application for Leave to Appeal and Merits of Appeal
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
Extension of Limitation Period, Means of Knowledge, Industrial Deafness, Workers Compensation
Limitation of Actions Extension of Limitation Period Means of Knowledge Industrial Deafness Workers Compensation

Case Brief

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Parties

Brambles Australia Ltd

Claimant

Kenneth William Hall

Opponent

Procedural Posture

Appeal / Decision on Application for Leave to Appeal and Merits of Appeal

Legal Issues

  1. 1 Whether material facts of a decisive character relating to the cause of action were not within the means of knowledge of the applicant until a date after the commencement of the year preceding the expiration of the limitation period for the cause of action under s58(2) of the Limitation Act 1969.

Ratio Decidendi

It was not reasonable to expect the opponent to take steps to ascertain the material facts relating to his cause of action prior to January 1993; therefore, the extension of time granted under s58(2) was correct.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted.
  • Appeal dismissed.