Barry Thomas Blunden v Commonwealth of Australia

Barry Thomas Blunden (the applicant) sought leave to appeal against a decision of the Federal Court of Australia concerning the application of the *Limitations Act*. The dispute centred on whether an extension of time should be granted for a cause of action that accrued in 1964, with a key consideration being the prejudice to the Commonwealth of Australia (the respondent).

The primary legal issue before the Full Federal Court was whether the primary judge erred in refusing to grant an extension of time under the *Limitations Act* for the applicant's claim. This involved determining whether the applicant had established sufficient grounds to overcome the significant delay and demonstrate that it would not be unduly prejudicial to the Commonwealth to allow the claim to proceed.

The Court considered the principles governing extensions of time under the *Limitations Act*, particularly in circumstances involving a substantial lapse of time since the accrual of the cause of action. The judges were required to assess the applicant's explanation for the delay and weigh this against the potential prejudice to the respondent. Ultimately, the Court concluded that leave to appeal should be refused.