Al Mousawy v Presdate Pty Limited & Anor [2007] NSWSC 462

Al Mousawy v Presdate Pty Limited & Anor [2007] NSWSC 462

The application for extension of the limitation period is granted because sufficient evidence exists pointing to possible liability of both Presdate and the consultant, there is no significant prejudice to them, the delay is relatively short, and the interests of justice favour allowing the claims to proceed so that liability issues are determined on the merits.

Parties
Applicant: Thakee Khadeyer Al Mousawy; First Respondent: Presdate Pty Limited; Second Respondent: Australian Town Planning Consultants Pty Limited
Jurisdiction
Australia
Judgment Date
14 May 2007
Procedural Posture
Application for Extension of Limitation Period in Negligence Proceedings / Ruling on Application to Extend Limitation Period for Joining Defendants
Outcome
Limitation period extended for joinder of Presdate Pty Limited and Australian Town Planning Consultants Pty Limited as defendants; plaintiff to pay costs of application.
Legal Topics
Extension of Limitation Period, Joinder of Defendants, Negligence, Limitation Act 1969 (nsw), Just and Reasonable Discretion
Tort Law Civil Procedure Extension of Limitation Period Joinder of Defendants Negligence Limitation Act 1969 (nsw) Just and Reasonable Discretion

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Parties

Thakee Khadeyer Al Mousawy

Applicant

Presdate Pty Limited

First Respondent

Australian Town Planning Consultants Pty Limited

Second Respondent

Procedural Posture

Application for Extension of Limitation Period in Negligence Proceedings / Ruling on Application to Extend Limitation Period for Joining Defendants

Legal Issues

  1. 1 Whether the limitation period should be extended to allow joinder of Presdate Pty Limited and Australian Town Planning Consultants Pty Limited as defendants under s60C of the Limitation Act 1969 (NSW)
  2. 2 Whether it is just and reasonable to grant the extension in view of evidence and statutory considerations

Ratio Decidendi

The application for extension of the limitation period is granted because sufficient evidence exists pointing to possible liability of both Presdate and the consultant, there is no significant prejudice to them, the delay is relatively short, and the interests of justice favour allowing the claims to proceed so that liability issues are determined on the merits.

Court Disposition

Limitation period extended for joinder of Presdate Pty Limited and Australian Town Planning Consultants Pty Limited as defendants; plaintiff to pay costs of application.

Orders

  • The limitation period is extended pursuant to s60C of the Limitation Act 1969 up to and including 25 May 2007.
  • The plaintiff is to pay the costs of this application.