In NSW, there is no general rule precluding a second interlocutory application for extension of a limitation period merely because the applicant relies on additional evidence that was available but not adduced at the first hearing; some additional factor must be present before an abuse of process is established. However, a litigant bringing such a second application faces serious risks of an adverse exercise of discretion. The majority in D A Christie Pty Ltd v Baker is not followed in NSW. A solicitor's mistakes in failing to adduce evidence or prosecute proceedings do not necessarily bar the client from obtaining an extension of time under s 52(4) of the Motor Accidents Act.
The full text is available to signed-in members, including the 134 later cases that cite this judgment.
20 of the 134 citing cases carry a classified treatment. How each court treated it is available to signed-in members.