The analogy of criminal prosecutions for stale sexual offences is an irrelevant consideration in the exercise of the discretion under s.23A of the Limitation of Actions Act 1958 (Vic) to extend the limitation period for civil claims. While Tsiadis v Patterson qualified Brisbane South to the extent that prejudice alone does not mandate refusal under s.23A, the general principles concerning the rationales for limitation periods and the significance of prejudice stated by McHugh J in Brisbane South remain fully applicable. Where actual prejudice of a significant kind is shown — particularly where witnesses are unavailable, records lost, and alibi evidence impossible — it will be very difficult for an applicant to demonstrate that the justice of the case requires an extension, and the denial of a fair trial will ordinarily be determinative.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
1 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.