Blythe v WA

[2008] WASCA 10

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Extension of time
3. › Action against the Crown and public authorities
4. › One-year limitation period
5. › Delay occasioned by reasonable cause
6. › Whether just to extend time
7. › Whether fair trial possible
8. › Crown Suits Act 1947 (WA), s 6(3)(b)
9. › Limitation Act 1935 (WA), s 47A(3)(b)
1. Appeal
2. › Appellate review of discretionary decisions
3. › Whether decision unreasonable on the evidence
4. › House v The King principles
5. › District Court of Western Australia Act 1969 (WA), s 79(1)(b)
1. Evidence
2. › Affidavits
3. › Interlocutory proceedings
4. › Hearsay evidence on information and belief
5. › Whether source of information adequately disclosed
6. › Rules of the Supreme Court 1971 (WA), O 37 r 6

Quick Take

When assessing whether a fair trial remains possible for the purpose of extending a limitation period, the availability of witnesses who recall the general circumstances of the incident, together with relevant documentary material, may be sufficient to negate a finding of significant prejudice — even where some loss of acute recollection has occurred and an incident report has been lost. Hearsay evidence in interlocutory affidavits must identify the source of information and state the deponent's belief in its truth; failure to do so renders the evidence inadmissible under O 37 r 6.