Cabal, Bertran, Karras, Ex parte- Re Agius

This matter concerned an application by Cabal, Bertran, and Karras for an order that they be permitted to proceed with a claim against Agius, notwithstanding that they had not obtained the requisite leave from the court. The application was heard by Hayne J in chambers.

The central legal issue before the court was whether the applicants had established sufficient grounds to be granted leave to commence proceedings against Agius out of time. This involved an assessment of the applicants' prospects of success in the proposed litigation and whether it was just and equitable to permit the action to proceed.

Hayne J considered the principles governing the grant of leave to commence proceedings out of time, particularly in the context of the relevant limitation periods. His Honour examined the evidence presented by the applicants regarding the nature of their claim and the reasons for the delay in its commencement. The court applied the established legal tests for such applications, weighing the prejudice to the parties and the overall merits of the case.

The application was dismissed.