IRONS v WINGATE [1996] NSWCA 268

IRONS v WINGATE [1996] NSWCA 268

The appellant had from 1988 sufficient knowledge of the injury, its connection to the respondent, and reasonable prospects of success, so could not satisfy s60(1) Limitation Act 1969 for extension of time; the appeal must therefore be dismissed.

Parties
Appellant: Irons; Respondent: Wingate
Jurisdiction
Australia
Judgment Date
24 July 1996
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Extension of Time Under Limitation Act 1969 S60(1), Knowledge of Injuries for Limitation Period, Professional Negligence
Limitation of Actions Personal Injury Extension of Time Under Limitation Act 1969 S60(1) Knowledge of Injuries for Limitation Period Professional Negligence

Case Brief

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Parties

Irons

Appellant

Wingate

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant satisfied the requirements of s60(1) Limitation Act 1969 to permit an extension of time for commencement of personal injury proceedings
  2. 2 Whether the appellant's knowledge of injury and its connection to the respondent's actions was sufficient to preclude extension under s60(1)

Ratio Decidendi

The appellant had from 1988 sufficient knowledge of the injury, its connection to the respondent, and reasonable prospects of success, so could not satisfy s60(1) Limitation Act 1969 for extension of time; the appeal must therefore be dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.