Dykes v Bunnings Group Limited (No 2)

[2016] ACTSC 226

Supreme Court of the ACT18 August 2016

Built by Barristers,
For Australian Law.

1. Appeal
2. › JURISDICTION, PRACTICE AND PROCEDURE
3. › Extension of time to commence proceedings
4. › finding extension of time ‘just and reasonable’ not a matter of discretion
5. › discretion to extend time
1. Appeal
2. › JURISDICTION, PRACTICE AND PROCEDURE
3. › NEGLIGENCE
4. › Extension of time to commence proceedings failure to seek legal advice
5. › workers compensation claim made
6. › delayed deterioration of condition
7. › unaware of rights to common law claim
8. › no deliberate choice not to pursue
1. Appeal
2. › JURISDICTION, PRACTICE AND PROCEDURE
3. › Extension of time to commence proceedings
4. › prejudice to defendant
5. › actual prejudice subsumes presumptive prejudice
6. › passage of time
7. › relevant material unavailable
8. › alleged unavailability of witnesses
9. › no evidence of further attempts to contact witnesses
10. › attempts to obtain documentary evidence not comprehensive
11. › causation
12. › medical notes available

Citation[2016] ACTSC 226

CourtACTSC

JurisdictionAustralian Capital Territory

Decision Date18 August 2016

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