Nominal Defendant v Harris

• 1. Motor Accidents Compensation
  2. › Limitation period
  3. › Extension of time
  4. › Full and satisfactory explanation for delay
  5. › Claimant with intellectual disabilities
  6. › Whether deliberate decision to allow limitation period to expire
  7. › Whether reasonable person in claimant's position would have experienced same delay
  8. › Motor Accidents Compensation Act 1999 (NSW), ss 66(2), 109
• 1. Appeal
  2. › Civil appeal
  3. › Discretionary decision
  4. › Extension of time to commence proceedings
  5. › Whether primary judge misdirected herself as to applicable principles
  6. › Whether primary judge impermissibly balanced prejudice between parties
  7. › Whether primary judge inverted onus of proof
• 1. Practice and Procedure
  2. › Limitation of actions
  3. › Extension of time
  4. › Prejudice to defendant
  5. › Presumptive prejudice from delay
  6. › Whether delay made fair trial unlikely
  7. › Whether prejudice to be assessed at date of application

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