A trial judge exercising discretion under s 23A of the Limitation of Actions Act 1958 does not err by taking into account the entire period of delay from the date of injury, provided the judge correctly recognises that the applicant had only a potential right to claim damages until the serious injury gateway under s 93 of the Transport Accident Act 1986 was satisfied. Millard v State of Victoria is confined to cases where the trial judge treated the applicant as having had an actionable cause of action before the gateway requirements were met. It is appropriate for serious injury applications and extension of time applications to be initiated and heard concurrently.
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