Whether s 36 of the Limitation of Actions Act 1936 (SA) imposes a limitation period on claims for equitable compensation for breach of fiduciary duty arising from personal injuries remains unresolved, with McColl JA holding it does not and Basten JA holding it does. The question whether a statutory limitation period should be applied by analogy to a fiduciary duty claim should not be determined at an interlocutory stage but left to trial. On extension of time applications, a court is entitled to weigh a defendant's case of actual prejudice in light of findings that the defendant's evidence conveyed a misleading impression of the extent of that prejudice. The ordinary rule that an applicant for extension of time should pay costs may not apply where the applicant was unaware of material facts until after the limitation period expired.
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