A determination of whether it is 'just and reasonable' to extend a limitation period under the Limitation Act 1969 (NSW) is not discretionary, and an appellate court applies the Warren v Coombes standard of independent assessment. The strength of the cause of action and the adequacy of the explanation for delay are interrelated considerations — a weak cause of action combined with inadequately explained delay will defeat an extension application even where the primary judge erred on the date of the applicant's knowledge. In medical negligence claims, the absence of expert evidence supporting breach of duty by a specialist is a significant obstacle to demonstrating a viable cause of action.
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