Conray v Scotts Refrigerated Freightways Pty Ltd

The case of *Conray v Scotts Refrigerated Freightways Pty Ltd* was heard in the Court of Appeal of New South Wales. The appellant sought an extension of time to join the respondent as a defendant in proceedings arising from an accident. The primary judge had dismissed the appellant's application for this extension, finding the delay unacceptable and attributable to a lack of diligence by the appellant's solicitors.

The central legal issue before the Court of Appeal was whether the primary judge had erred in exercising his discretion by refusing to grant an extension of time under section 60C of the *Limitation Act 1969* (NSW) to join the respondent as a defendant. This required the court to consider the principles governing the exercise of such discretion, particularly in circumstances where the application was made late in the trial process, and to assess whether it was "just and reasonable" to grant the extension.

The Court of Appeal allowed the appeal, finding that the primary judge had misapplied the relevant principles. The court noted that the proposed amended statement of claim alleged that the respondent had care, management, and control of the trailer at the time of the accident and was negligent in failing to provide a safe system of work. While acknowledging the delay, the Court of Appeal considered that the prejudice to the respondent, if any, could be managed, and that the interests of justice favoured allowing the appellant to pursue its claim against the respondent. The court therefore set aside the order of the primary judge and extended the limitation period to allow the joinder.