A motion to join a party as a defendant to existing proceedings does not constitute the bringing of an 'action' for the purposes of limitation legislation; the action is not brought until the party is actually joined by court order. Loss of professional indemnity insurance that would have been available had the claim been brought within time constitutes significant prejudice requiring refusal of an extension of the limitation period, and is not merely one factor in a fair trial assessment. Section 63 of the Civil Procedure Act 2005 (NSW) cannot cure a failure to bring proceedings within the limitation period because such failure is not a procedural irregularity.
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