Applications for extension of time under s 44 of the Limitation Act (NT) should be determined before trial, not left to the end of the case. Whether facts are 'material' to the plaintiff's case under s 44(3)(b)(i) is assessed by reference to the plaintiff's case as pleaded, not by reference to the trial judge's ultimate findings on the merits. Where a trial judge fails to determine a limitation extension application, the Court of Appeal may determine it on the materials before the trial judge rather than remitting it.
The full text is available to signed-in members.