On an application to extend the limitation period under s 60C(2) of the Limitation Act 1969 (NSW), the plaintiff must demonstrate a viable cause of action by proving facts from which the Court can be satisfied there is at least a reasonable prospect of sufficient evidence for success at trial. The test is not demanding, but the plaintiff must go beyond merely pleading a cause of action not susceptible to being struck out. A defendant who fails to adduce evidence within its knowledge may find the court more readily drawing inferences against it. Ordinarily, a successful applicant for an extension should pay the defendants' costs unless the opposition was wholly unreasonable.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.