BHP Steel (Ais) Pty Limited v Lakovski

[2000] NSWCA 334

NSW Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Extension of time
3. › Common law proceedings
4. › Industrial deafness
5. › Presumption of prejudice from long delay
6. › Whether delay itself gives rise to presumption of prejudice precluding extension
7. › Whether significant prejudice precludes fair trial
8. › Limitation Act 1969 (NSW), ss 60G, 60I
1. Limitation of Actions
2. › Extension of time
3. › Evidence of prejudice
4. › Defendant's failure to lead evidence of prejudice
5. › Whether failure to lead evidence is conducive to finding of prejudice

Quick Take

In applications for extension of time under s 60G of the Limitation Act 1969 (NSW), the only relevant question regarding delay is whether prejudice renders a fair trial unlikely; there are not distinctly differing tests from Taylor's case. A defendant who leads no evidence of prejudice will find it difficult to establish that a fair trial is precluded. Prejudice to the plaintiff from refusal of the extension is irrelevant to the s 60G determination.