Gilbert v Gosdorf Pty Limited & Anor [2001] NSWSC 502

Gilbert v Gosdorf Pty Limited & Anor [2001] NSWSC 502

The plaintiff was granted an extension of time against Romet (NSW) Limited because he became aware of the nature and extent of his injury only in 1994, which allowed him to pass the threshold under s 60I(1)(a)(ii) and (iii) for Romet. The delay was attributed to solicitor negligence, no actual prejudice to the defendant was shown, and a fair trial remained possible. The plaintiff failed in respect of Gosdorf Pty Limited as he was unable to show lack of relevant knowledge within the required period, and so the extension of time was refused against Gosdorf. Leave to join Gosdorf as a defendant was also declined.

Parties
Plaintiff: Glen Stanley Gilbert; First Defendant: Gosdorf Pty Limited formerly known as Gosford Meats Pty Limited; Second Defendant: Romet (NSW) Limited
Jurisdiction
Australia
Judgment Date
19 June 2001
Procedural Posture
Application for Extension of Time (limitation Period), Personal Injury / Judgment on Interlocutory Applications Regarding Extension of Limitation Period, Amendment, and Joinder
Outcome
Part allowed, part dismissed
Legal Topics
Extension of Limitation Periods, Negligence, Employer Liability, Workers Compensation, Q Fever
Limitation of Actions Personal Injury Extension of Limitation Periods Negligence Employer Liability Workers Compensation Q Fever

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Parties

Glen Stanley Gilbert

Plaintiff

Gosdorf Pty Limited formerly known as Gosford Meats Pty Limited

First Defendant

Romet (NSW) Limited

Second Defendant

Procedural Posture

Application for Extension of Time (limitation Period), Personal Injury / Judgment on Interlocutory Applications Regarding Extension of Limitation Period, Amendment, and Joinder

Legal Issues

  1. 1 Whether the plaintiff is entitled to an extension of the limitation period under s 58 or s 60G of the Limitation Act 1969 (NSW)
  2. 2 Whether the plaintiff was unaware of material facts of a decisive character within the meaning of the Act
  3. 3 Whether the proceedings can be fairly tried notwithstanding the delay

Ratio Decidendi

The plaintiff was granted an extension of time against Romet (NSW) Limited because he became aware of the nature and extent of his injury only in 1994, which allowed him to pass the threshold under s 60I(1)(a)(ii) and (iii) for Romet. The delay was attributed to solicitor negligence, no actual prejudice to the defendant was shown, and a fair trial remained possible. The plaintiff failed in respect of Gosdorf Pty Limited as he was unable to show lack of relevant knowledge within the required period, and so the extension of time was refused against Gosdorf. Leave to join Gosdorf as a defendant was also declined.

Court Disposition

Part allowed, part dismissed

Orders

  • The plaintiff is granted an extension of time within which to commence proceedings in this court for injuries suffered in 1987 as against Romet (NSW) (ACN No 000 049 356) formerly trading as Metro Meat (NSW) Limited.
  • Extension of time within which to commence proceedings in this court for injuries suffered in 1987 as against Gosdorf Pty Limited is declined.