Henry v Commonwealth [2001] NSWSC 971

Henry v Commonwealth [2001] NSWSC 971

The extension of time was granted because the plaintiff's failure to commence proceedings within the limitation period resulted from reasonable reliance on the defendant’s representation in 1990 that he had no common law rights. The delay was also justified by subsequent legal developments and the defendant's...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 November 2001
Procedural Posture
Extension of Time to Commence Proceedings / Judgment on Application for Extension of Limitation Period
Outcome
Extension of time granted to plaintiff
Legal Topics
['limitation of Actions' 'extension of Time' 'common Law Rights of Commonwealth Employees']
['tort Law' 'statutory Interpretation'] ['limitation of Actions' 'extension of Time' 'common Law Rights of Commonwealth Employees']

Source-derived case record

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Procedural Posture

Extension of Time to Commence Proceedings / Judgment on Application for Extension of Limitation Period

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to an extension of time to commence proceedings for damages in respect of an accident under the Limitation Act 1981 (NT)' 'Whether the representations or conduct of the defendant caused the plaintiff to fail to institute the action within the limitation period']

Ratio Decidendi

The extension of time was granted because the plaintiff's failure to commence proceedings within the limitation period resulted from reasonable reliance on the defendant’s representation in 1990 that he had no common law rights. The delay was also justified by subsequent legal developments and the defendant's conduct in relation to access to documents. A fair trial was still possible, and it was just in all the circumstances to grant the extension.

Court Disposition

Extension of time granted to plaintiff

Orders

  • ['The plaintiff is granted an extension of time within which to commence proceedings for damages in respect of the accident up to and including 16 November 2001.' 'The plaintiff is to file and serve a statement of claim on or before 16 November 2001.' 'Costs are reserved. Liberty to apply.']