Frizelle v Bauer

The New South Wales Court of Appeal considered an application for an extension of time to seek leave to appeal in *Frizelle v Bauer*. The underlying dispute concerned a claim for damages arising from personal injury, where the plaintiff's solicitors had filed an "holding appeal" and subsequently required an extension of time to file the formal application for leave to appeal.

The primary legal issues before the Court of Appeal were whether an extension of time should be granted for the filing of the application for leave to appeal, and if so, whether the appeal itself had reasonable prospects of success. Central to these issues was the interpretation of sections 50C(1) and 50D of the *Limitation Act 1969* (NSW), specifically the meaning of "discoverable" and "sufficiently serious to justify the bringing of an action" in the context of a personal injury claim where ongoing medical treatment and impairment of earning capacity were anticipated.

The Court of Appeal granted the extension of time, acknowledging that while there was a delay in filing the application for leave to appeal, the prejudice to the defendant was not significant. However, the Court refused leave to appeal, finding that the appeal did not have reasonable prospects of success. The reasoning focused on the plaintiff's knowledge, or constructive knowledge, at the relevant time regarding the seriousness of their injury, considering the advice received from their solicitors and the anticipated future medical needs and earning capacity impairment.