Sandrin v W&M Riggs Mechanical Repairs

[2006] NSWCA 194

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Orders of the Court
3. › Construction of orders
4. › Whether orders granting leave to commence proceedings out of time capable of retrospective effect
5. › Whether general terms of order encompassed proceedings already commenced
6. › Uniform Civil Procedure Rules 2005 (NSW), Pt 36 r 36.4
1. Limitation of Actions
2. › Extension of limitation period
3. › Leave to commence proceedings out of time
4. › Proceedings commenced before leave granted
5. › Whether irregularity cured by subsequent grant of leave
6. › Workers Compensation Act 1987 (NSW), s 151D(2)
7. › Limitation Act 1969 (NSW), ss 18(2), 60C(2)
1. Practice and Procedure
2. › Proceedings
3. › Whether proceedings still on foot
4. › Dismissal of interlocutory application
5. › Whether dismissal of application for extension of time had effect of terminating substantive proceedings

Quick Take

An order granting leave to commence proceedings out of time, framed in general terms (e.g., 'leave to commence proceedings out of time'), is capable of retrospective application to regularise proceedings already commenced without leave, and is not limited to future commencement of proceedings. The dismissal of an interlocutory application for extension of time does not of itself terminate the substantive proceedings in which the application was made.