An amendment to a statement of claim that restricts the period of alleged injury but does not correspondingly amend the particulars of negligence does not cure prejudice to the defendant for the purposes of a limitation extension application under s 60C of the Limitation Act 1969 (NSW). The amendment must effectively prevent the plaintiff from relying on acts and omissions occurring before the restricted period. Allegations inviting a court to pass judgment on operational policing policies including manning levels raise non-justiciable issues.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.