In applications to extend limitation periods under s 60C of the Limitation Act 1969 (NSW), a defendant need only demonstrate a real risk that witnesses will be unavailable or uncooperative; the plaintiff then bears the onus of showing the risk is not appreciable. Witness statements obtained during earlier investigations are not adequate substitutes for live witnesses. The loss of a third party's contractual claim is a source of material prejudice if the claim is shown to be viable and realistic, not merely fanciful. Prejudice occurring within the limitation period, while the defendant's problem if the plaintiff sues in time, becomes the plaintiff's problem when an extension is sought.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
2 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.