Cavanagh v State of New South Wales

The appellant, Cavanagh, sought an extension of the limitation period for a negligence claim against the State of New South Wales. The case was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether it was "just and reasonable" to grant the appellant an extension of time to commence proceedings, notwithstanding the expiry of the usual limitation period. This involved considering the tests for demonstrating a viable cause of action or the availability of evidence to establish such a cause of action, while recognising that these tests were subservient to the overarching statutory question of whether an extension was just and reasonable in the circumstances.

The Court of Appeal allowed the appeal, finding that it was indeed just and reasonable to extend the limitation period. The court set aside the order dismissing the appellant's notice of motion and, in lieu, ordered that the limitation period for the appellant's cause of action, as pleaded in the amended statement of claim, be extended up to and including the date of the order. The court also made consequential orders regarding the costs of the notice of motion and the appeal.