A decision whether it is 'just and reasonable' to extend a limitation period under ss 60C/60D of the Limitation Act 1969 (NSW) is not a discretionary decision reviewable only on House v The King principles, but is an evaluative decision involving the application of a legal standard, reviewable on Warren v Coombes principles. In assessing prejudice under s 60E(1)(b) from the death of a witness, the court must consider the loss of the ability to obtain a statement from the witness, not merely whether the witness would have been alive at the time of hearing. The reasonableness of a solicitor's conduct causing delay is to be assessed by reference to the statutory criterion of whether extension is just and reasonable, not solely by reference to the client's interests.
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