A trial judge exercising the discretion to extend a limitation period under s60C(2) of the Limitation Act 1969 (NSW) must address each of the factors listed in s60E(1) with specific findings of fact, and cannot dispose of them by stating that they 'speak for themselves'. Delay that is partly deliberate and partly unexplained, combined with inevitable forensic prejudice from the passage of time (including loss of witness recollection), may be sufficient to refuse an extension even where the plaintiff has a prima facie case on the merits.
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