8 Jun 2007
S.T.L. LINEHAUL LTD V AB EQUIPMENT LTD HC AK CIV 2006-404-007292
- Citation
- openlaw-b122f56e_568b_47fe_a089_663efb10c2f5.pdf
- Court
- High Court
The judge rightly held that AB established a qualifying mistake of fact and law because AB's belief in a contractual guarantee had a reasonable foundation and adequately explained the delay; S.T.L. was not materially prejudiced by the delay after the one-year limit expired; the District Court judge properly exercised the discretionary power under s19(5) to grant leave and it was not legally erroneous or plainly wrong to do so.
- Leave to bring action out of time
- Mistake of fact or law
- Prejudice from delay
- Statutory interpretation
- Contracting out