Fletcher v Besser

In *Fletcher v Besser*, the Full Court of the Supreme Court of New South Wales considered an application for leave to appeal a decision of a primary judge who had dismissed a second application for an extension of the limitation period. The applicant alleged medical negligence against the respondents. The first application for an extension had previously been dismissed.

The central legal issues before the Full Court were whether the primary judge had erred in finding that the respondents would suffer actual prejudice if an extension were granted, and whether the primary judge had erred in finding no inconsistency between the evidence provided by the second respondent in the first and second applications. The Court also had to determine whether a second application for an extension of the limitation period should have been entertained at all.

The Full Court upheld the primary judge's decision, finding no error in the assessment of actual prejudice or in the finding regarding the consistency of the second respondent's evidence. The Court reasoned that the primary judge had correctly applied the principles governing applications for extensions of time, particularly in circumstances where a prior application had been dismissed. The Court considered that the primary judge had been entitled to conclude that the respondents would suffer actual prejudice and that the second application was not sustainable.

Consequently, the application for leave to appeal was dismissed, and the applicant was ordered to pay the respondents’ costs of the application for leave to appeal.