Ayoub v Trustees of the Roman Catholic Church for the Diocese of Parramatta

The Court of Appeal of New South Wales heard an appeal concerning an application for an extension of time to commence proceedings in negligence. The appellant, a student, had been injured while driving a teacher's car and sought to bring an action against the Trustees of the Roman Catholic Church for the Diocese of Parramatta. The primary judge had refused the application for an extension of time.

The central legal issue before the Court of Appeal was whether the appellant had established an arguable cause of action in negligence against the respondent, which was a prerequisite for granting an extension of time under the *Limitation Act 1969* (NSW). This required the court to consider whether there was a sufficiently arguable case that the respondent owed a duty of care to the appellant and had breached that duty, resulting in the appellant's injuries.

The Court of Appeal found that the appellant had indeed established an arguable case in negligence. Their Honours reasoned that the respondent, as the employer of the teacher, could potentially be vicariously liable for the teacher's actions or omissions. The circumstances of the student driving the teacher's car, particularly if it occurred during school hours or in connection with school activities, could give rise to a duty of care owed by the school to the student. The court concluded that the appellant had satisfied the threshold of demonstrating an arguable cause of action, justifying an extension of time.

Consequently, the appeal was allowed. The order of the primary judge refusing the application was set aside, and the limitation period for the appellant's cause of action in negligence was extended by 28 days from the date of the judgment. The respondent was ordered to pay the appellant's costs of the application and the appeal.