Gligorovski v Water Corporation

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GLIGOROVSKI -v- WATER CORPORATION [2003] WADC 290
Last Update:  30/01/2004
GLIGOROVSKI -v- WATER CORPORATION [2003] WADC 290
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2003] WADC 290
Case No: CIVO:136/2002   Heard: 12 DECEMBER 2003
Coram: COMMISSIONER REYNOLDS   Delivered: 22/12/2003
Location: PERTH   Supplementary Decision:
No of Pages: 14   Judgment Part: 1 of 1
Result: Appeal upheld
Parties: SLAVE GLIGOROVSKI
WATER CORPORATION

Catchwords: Appeal against decision to grant leave to bring an action Section 47A Limitation Act 1935 Other reasonable cause Material prejudice Whether just to grant leave No possibility of action succeeding
Legislation: Limitation Act 1935
Workers' Compensation and Rehabilitation Act 1981

Case References: Brisbane South Regional Health Authority v Taylor (1996) 70 ALJR 866
Hewitt v Benale Pty Ltd [2002] WASCA 163
Jones v SNF (Australia) Pty Ltd & Anor [2002] WADC 207
Pitcher Products Pty Ltd v Country Roads Board & Anor [1964] VR 661
Western Metals Zinc NL v Wesfarmers Transport Ltd & Anor [2003] WASCA 152

Baxter v Obacelo Pty Ltd [2001] 184 ALR 616
City of Gosnells v Roberts & Ors [1991] 74 LGRA 1
Price v Resolute Resources Ltd (2002) 29 SR (WA) 371
Victorian Railways Commissioners v Casaccio [1961] VR 157

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CHAMBERS
LOCATION : PERTH CITATION : GLIGOROVSKI -v- WATER CORPORATION [2003] WADC 290 CORAM : COMMISSIONER REYNOLDS HEARD : 12 DECEMBER 2003 DELIVERED : 22 DECEMBER 2003 FILE NO/S : CIVO 136 of 2002 BETWEEN : SLAVE GLIGOROVSKI
                  Plaintiff

                  AND

                  WATER CORPORATION
                  Defendant



Catchwords:

Appeal against decision to grant leave to bring an action - Section 47A Limitation Act 1935 - Other reasonable cause - Material prejudice - Whether just to grant leave - No possibility of action succeeding


Legislation:

Limitation Act 1935
Workers' Compensation and Rehabilitation Act 1981


Result:

Appeal upheld


(Page 2)

Representation:

Counsel:


    Plaintiff : Ms R Van Heerwaarden
    Defendant : Ms R L Pope


Solicitors:

    Plaintiff : Bradford & Co
    Defendant : Phillips Fox


Case(s) referred to in judgment(s):

Brisbane South Regional Health Authority v Taylor (1996) 70 ALJR 866
Hewitt v Benale Pty Ltd [2002] WASCA 163
Jones v SNF (Australia) Pty Ltd & Anor [2002] WADC 207
Pitcher Products Pty Ltd v Country Roads Board & Anor [1964] VR 661
Western Metals Zinc NL v Wesfarmers Transport Ltd & Anor [2003] WASCA 152

Case(s) also cited:

Baxter v Obacelo Pty Ltd [2001] 184 ALR 616
City of Gosnells v Roberts & Ors [1991] 74 LGRA 1
Price v Resolute Resources Ltd (2002) 29 SR (WA) 371
Victorian Railways Commissioners v Casaccio [1961] VR 157



(Page 3)

      COMMISSIONER REYNOLDS: This is an appeal by the defendant against orders made by Deputy Registrar Harman on 9 July 2003 whereby he granted the plaintiff leave pursuant to s 47A of the Limitation Act 1935 ("the Act") to commence an action against the defendant for damages with respect to injuries sustained by him in an accident on 30 October 2000. An affidavit sworn by the plaintiff on 10 June 2002 ("the…
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Details
Case
[2003] WADC 290
Decision Date

CaseChat Overview and Summary

The appellant, Gligorovski, sought leave to appeal against a decision to grant leave to bring an action against the Water Corporation. The appeal was against the decision of the Supreme Court of South Australia, which allowed the respondent to bring an action that the appellant argued was barred by limitation under section 47A of the Limitation Act 1935. The court was required to determine whether there were other reasonable causes for the limitation period not being met and whether the appellant would suffer material prejudice if leave to appeal was granted.

The court examined the circumstances under which the limitation period had expired and considered whether there were other reasonable causes for the delay. It was established that there were no other reasonable causes for the delay, and thus, the limitation period had expired. The court then assessed whether it was just to grant leave to appeal under section 47A(3) of the Limitation Act 1935, taking into account whether there was no possibility of the action succeeding and whether the respondent would suffer material prejudice if leave was granted. The court found that there was no possibility of the action succeeding and that the respondent would suffer material prejudice if leave was granted.

The appeal was upheld, and the decision of the Supreme Court of South Australia was set aside. The court determined that it was just to grant leave to appeal and that the appellant was entitled to the relief sought. The appeal was allowed, and the decision to grant leave to bring an action was quashed. The matter was remitted to the Supreme Court of South Australia for further consideration in light of the appeal decision.

Orders

Orders of the court

Appeal upheld

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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