HAINES v HUDSON [NO 1] [1993] NSWCA 128

HAINES v HUDSON [NO 1] [1993] NSWCA 128

Despite delay, extension of time to seek leave to appeal is granted, justified by fairness and the need to consider the legal point established in Plumb, with costs incurred to be paid by claimant on indemnity basis.

Parties
Claimant: Haines; Opponent: Hudson
Jurisdiction
Australia
Judgment Date
30 August 1993
Procedural Posture
Motion for Extension of Time and Leave to Appeal / Court of Appeal Consideration of Extension of Time and Leave to Appeal Orders
Outcome
Extension of time granted, leave to appeal granted, hearing stood over, claimant to pay opponent's costs (indemnity basis), claimant given deadline to file appeal
Legal Topics
Extension of Time, Non Latent Injuries
Limitation of Actions Extension of Time Non Latent Injuries

Case Brief

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Parties

Haines

Claimant

Hudson

Opponent

Procedural Posture

Motion for Extension of Time and Leave to Appeal / Court of Appeal Consideration of Extension of Time and Leave to Appeal Orders

Legal Issues

  1. 1 Whether an extension of time to appeal should be granted given delay and reliance on orders at first instance
  2. 2 Whether s60G of the Limitation Act 1969 permits extension for non latent injuries

Ratio Decidendi

Despite delay, extension of time to seek leave to appeal is granted, justified by fairness and the need to consider the legal point established in Plumb, with costs incurred to be paid by claimant on indemnity basis.

Court Disposition

Extension of time granted, leave to appeal granted, hearing stood over, claimant to pay opponent's costs (indemnity basis), claimant given deadline to file appeal

Orders

  • Extend time for claimant to seek leave to appeal from Newman J's orders until 30 August 1993
  • Grant leave to appeal