NELSON and ANOR v MALE [1994] NSWCA 217

NELSON and ANOR v MALE [1994] NSWCA 217

Leave to appeal granted solely on the question of application of the Limitation Act in relation to the extension of time to pursue the claim.

Parties
Claimant: Nelson; Opponent: Male; District Court Judge: Judge McLachlan
Jurisdiction
Australia
Judgment Date
06 June 1994
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Granted
Outcome
leave granted
Legal Topics
Limitations, Extension of Time
Civil Procedure Limitations Extension of Time

Case Brief

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Parties

Nelson

Claimant

Male

Opponent

Judge McLachlan

District Court Judge

Procedural Posture

Application for Leave to Appeal / Leave to Appeal Granted

Legal Issues

  1. 1 application of Limitation Act
  2. 2 extension of time for pursuing claim

Ratio Decidendi

Leave to appeal granted solely on the question of application of the Limitation Act in relation to the extension of time to pursue the claim.

Court Disposition

leave granted

Orders

  • Grant leave to the claimant to appeal against so much of the order as his Honour Judge McLachlan, dated 9 February 1994, as provided an extension of the time under the Limitation Act.
  • Expedite to the hearing of the appeal, Category C so that the appeal will be heard within a period of three months on a date fixed by Registrar.