Eijkman v Magann; McGloin v Magann; Trustees of the Roman Catholic Church of the Diocese of Parramatta v Magann

The applicants, Eijkman, McGloin, and the Trustees of the Roman Catholic Church of the Diocese of Parramatta, sought to appeal a decision of the District Court of New South Wales. The dispute concerned an application to extend the time within which to commence proceedings against the respondent, Magann. The primary issue was whether the respondent had been aware of the extent of the personal injury suffered by the applicants, particularly in relation to a psychiatric condition and its prognosis if left untreated.

The court was required to determine whether the applicants had established that they were unaware of the extent of their injuries at the time the limitation period expired. If this was established, the court then had to consider whether it was just and reasonable to grant an extension of time for them to commence proceedings.

The Court of Appeal found that the applicants were aware of the extent of their injuries and were aware that they could commence legal action to seek compensation. Consequently, the court held that it was not just and reasonable to grant an extension of time. The appeal was allowed, the District Court's orders were set aside, and the amended notice of motion was dismissed with costs.