GRANT v. RAFFERTY [2001] NSWCA 244

Granting leave to commence proceedings out of time based on substantially the same material as previous dismissed applications constitutes an abuse of process. The District Court judge erred in exercising discretion to grant leave in these circumstances.

Jurisdiction: Australia
Judgment Date: 24 July 2001
Procedural Posture: Civil Appeal / Appeal From District Court Judgment Granting Leave to File Statement of Claim Out of Time
Outcome: Appeal upheld; order granting leave set aside
Legal Topics: ['leave to Commence Proceedings Out of Time' 'abuse of Process' 'motor Vehicle Accident Claims']

['limitation of Actions' 'civil Procedure'] ['leave to Commence Proceedings Out of Time' 'abuse of Process' 'motor Vehicle Accident Claims']

Case Brief

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Procedural Posture

Civil Appeal / Appeal From District Court Judgment Granting Leave to File Statement of Claim Out of Time

Legal Issues

1 ['Whether the District Court erred in granting leave to commence proceedings out of time after multiple unsuccessful applications on substantially the same evidence' 'Whether repeated applications based on the same material constituted an abuse of process']

Ratio Decidendi

Court Disposition

Appeal upheld; order granting leave set aside

Orders

['Appeal upheld' 'Orders made by Christie DCJ set aside' 'Application dealt with by Christie DCJ dismissed with costs' "Respondent to pay appellant's costs of the appeal, with potential certificate under the Suitor's Fund Act"]