Barlow, John Robert v Baxter, James Phillip [1998] FCA 858

Barlow, John Robert v Baxter, James Phillip [1998] FCA 858

There was no legal error or unreasonable decision in Crispin J’s judgment extending time; leave to appeal was refused.

Parties
Applicant: John Robert Barlow; Respondent: James Phillip Baxter
Jurisdiction
Australia
Judgment Date
30 June 1998
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Outcome
Application for leave to appeal refused
Legal Topics
Extension of Time to Commence Proceedings, Limitation Laws, Motor Vehicle Accident Damages
Torts Limitation of Actions Extension of Time to Commence Proceedings Limitation Laws Motor Vehicle Accident Damages

Case Brief

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Parties

John Robert Barlow

Applicant

James Phillip Baxter

Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against the decision to extend time for commencing proceedings for damages
  2. 2 Whether the judgment of Crispin J contained an identifiable error of law or unreasonable decision

Ratio Decidendi

There was no legal error or unreasonable decision in Crispin J’s judgment extending time; leave to appeal was refused.

Court Disposition

Application for leave to appeal refused

Orders

  • The application is refused.
  • The applicant will pay the respondent's costs in relation to the application.