Millard v Vic

[2006] VSCA 29

Victorian Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Extension of limitation period
3. › Personal injury
4. › Discretionary factors
5. › Whether just and reasonable to extend
6. › Solicitor's delay and neglect
7. › Whether plaintiff responsible for solicitor's default
8. › Limitation of Actions Act 1958 (Vic), s 23A
1. Limitation of Actions
2. › Extension of limitation period
3. › Personal injury
4. › Statutory gateway requirements
5. › Whether application to extend time futile before satisfying preconditions to commence proceedings
6. › Accident Compensation Act 1985 (Vic), s 135A
7. › Transport Accident Act 1986 (Vic), s 93
1. Appeal
2. › Re-exercise of discretion
3. › Material error by judge below
4. › Whether appellate court may re-exercise discretion
5. › Concession by respondent of material errors

Quick Take

An application to extend a limitation period under s.23A of the Limitation of Actions Act 1958 (Vic) cannot be refused on the basis that the plaintiff failed to apply for an extension before satisfying statutory gateway requirements (such as obtaining a Certificate of Serious Injury), because such an application would have been futile. A plaintiff's solicitors' negligence and delay should not be attributed to the plaintiff in the s.23A discretion, particularly where the plaintiff is illiterate and poorly educated and it was reasonable for the plaintiff to leave legal affairs to the solicitors.