Engert v Sydney Ferries Corporation [2009] NSWSC 1400

Engert v Sydney Ferries Corporation [2009] NSWSC 1400

The limitation period in relation to the plaintiff's claim should be extended to the date the statement of claim was filed, as the justice of the case requires, given the absence of any prejudice to the defendant, the brief period of delay, the explanation for delay being solicitor's error not plaintiff's dilatoriness, and interests of justice overriding the technical limitation bar.

Jurisdiction
Australia
Judgment Date
11 December 2009
Procedural Posture
Application for Extension of Limitation Period in Personal Injury and Compensation to Relatives Claim / Decision on Application for Extension of Limitation Period
Outcome
Application granted; limitation period extended.
Legal Topics
['extension of Limitation Period' 'personal Injury Caused by Ship Collisions' 'compensation to Relatives' "solicitor's Negligence" 'application of Limitation Act 1969 (nsw) in Maritime Claims']
['admiralty' 'limitation of Actions' 'personal Injury'] ['extension of Limitation Period' 'personal Injury Caused by Ship Collisions' 'compensation to Relatives' "solicitor's Negligence" 'application of Limitation Act 1969 (nsw) in Maritime Claims']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Limitation Period in Personal Injury and Compensation to Relatives Claim / Decision on Application for Extension of Limitation Period

Legal Issues

  1. 1 ["Whether the limitation period pursuant to s 22 of the Limitation Act 1969 (NSW) should be extended for the plaintiff's claims against Sydney Ferries" 'What factors are relevant to the exercise of the discretion to extend limitation periods in maritime claims']

Ratio Decidendi

The limitation period in relation to the plaintiff's claim should be extended to the date the statement of claim was filed, as the justice of the case requires, given the absence of any prejudice to the defendant, the brief period of delay, the explanation for delay being solicitor's error not plaintiff's dilatoriness, and interests of justice overriding the technical limitation bar.

Court Disposition

Application granted; limitation period extended.

Orders

  • ["The limitation period in relation to the plaintiff's claim is extended to the date on which the statement of claim was filed (28 July 2009)." "The costs of the application are to be paid by the plaintiff's solicitor, Mr Jones."]