When assessing prejudice for the purposes of an application to extend the limitation period under s 109 of the Motor Accidents Compensation Act 1999 (NSW), the relevant inquiry is whether the delay in commencing proceedings has caused significant prejudice to the potential defendant. Pre-existing prejudice — such as the absence of a witness who died at the time of the accident — is not prejudice caused by the delay and does not constitute an 'insurmountable barrier' to granting leave. Where the same evidence is available now as was available within the limitation period, no significant prejudice arises from the delay.
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