Under s 151D(2) of the Workers Compensation Act 1987, the correct test for extending the limitation period is whether it is fair and just to grant leave, evaluated by reference to the rationales for the limitation period including the applicant's conduct — not merely whether the delay has made a fair trial unlikely. A deliberate, fully informed decision to allow the limitation period to expire is a powerful factor against the grant of leave, and in the absence of special circumstances satisfactorily explaining the applicant's conduct, leave should be refused even where the defendant has suffered no prejudice. Ramton v Cassin should not be followed for interlocutory appeals capable of resolving the entire case; such appeals should ordinarily be heard before the substantive trial.
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