Prejudice to a prospective defendant in an application to extend a limitation period under s 31(2) of the Limitation of Actions Act 1974 (Qld) must be assessed by reference to the circumstances existing at the time of the application, not by comparing the defendant's position during the limitation period with its position at the time of the application. The ultimate onus of satisfying the court that time should be extended remains on the applicant for extension; the prospective defendant bears only an evidentiary onus to raise considerations telling against extension. Where a key witness is unwilling to assist the defence, the prejudice arising from that circumstance must be assessed as at the date of the application, and the applicant for extension bears the burden of showing that such prejudice does not warrant refusal.
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