Creevey v Barrois

The parties in this matter were Creevey (the applicant) and Barrois (the respondent). The dispute concerned an application for an extension of time to commence proceedings under the *Motor Accidents Act 1988* (NSW). The application was heard and determined by the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the applicant had demonstrated that a fair trial could reasonably be anticipated despite the significant delay in commencing proceedings. This involved considering the prejudice suffered by the respondent as a result of the delay, specifically the lost opportunity to make a cross-claim against a third party, which had become time-barred under section 26(1)(d) of the *Limitations Act 1969* (NSW).

The Court of Appeal considered the principles governing extensions of time under the *Motor Accidents Act 1988* (NSW), which require the applicant to show that a fair trial can be anticipated. The Court found that the delay had caused prejudice to the respondent by precluding the possibility of a cross-claim, thereby impacting the respondent's ability to fully litigate the matter. Consequently, the Court concluded that the applicant had not satisfied the threshold for granting an extension of time.

The Court of Appeal granted leave to appeal but dismissed the appeal with costs.