Loss of a limitation defence does not necessarily establish substantial injustice for the purposes of leave to appeal from an interlocutory decision, where the trial judge has also found that an extension of time should be granted. The meaning of 'fault' in s 27F(1)(b) of the Limitation of Actions Act 1958 (Vic) — whether it requires culpability or merely a causative act or omission — was left open.
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