McLean v Sydney Water Corporation

[2001] NSWCA 122

NSW Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Extension of limitation period
3. › Personal injury
4. › Noise-induced hearing loss
5. › Whether just and reasonable to extend time
6. › Whether factors beyond prejudice and fair trial may be considered
7. › Very long lapse of time
8. › Applicant's degree of awareness
9. › Defendant's ability to order affairs
10. › Limitation Act 1969 (NSW), ss 60G(2), 60I(1)
1. Appeal
2. › Standard of appellate review
3. › Appeal from discretionary decision
4. › Whether error in exercise of discretion shown
5. › Whether others might have exercised discretion differently

Quick Take

When applying for an extension of a limitation period under s 60G(2) of the Limitation Act 1969 (NSW), the absence of specific prejudice to the defendant and the possibility of a fair trial do not compel the grant of an extension. The court may refuse an extension based on the very long lapse of time, the applicant's degree of awareness of relevant matters (even if falling short of the s 60I threshold), and the rationale that defendants should be able to order their affairs free from stale claims. The 'just and reasonable' test involves a value judgment, not a calculus of only the precisely evidenced.