When applying for an extension of time for service under UCPR 1.12 after the limitation period has expired, a plaintiff must provide a satisfactory explanation for the delay and cannot rely merely on a 'legitimate interest' in prosecuting the claim. The defendant's interest in the benefit of the expired limitation period is a relevant factor that must be weighed against the plaintiff's interest. Delay within the limitation period prior to filing is relevant where the case is properly characterised as a limitation case rather than a want of prosecution case. Where proceedings are filed just before the limitation period expires and the merits are only then investigated, there should be no expectation of obtaining an extension.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
4 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.