The case confirms that the death of a key witness with significant involvement in the relevant system of work, combined with the advanced age and likely unavailability of other potential witnesses due to the passage of time, constitutes significant prejudice sufficient to refuse an extension of the limitation period under s 60G(2) of the Limitation Act 1969 (NSW). Documentary evidence alone may be insufficient to overcome this prejudice where the factual issues at trial would require witness testimony to attest to the application of practices referred to in documents.
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