How v Colonial Car Rental Pty Ltd trading as Thrifty Car Rental

How brought proceedings against Colonial Car Rental Pty Ltd, trading as Thrifty Car Rental, in the Supreme Court of Victoria, seeking damages for personal injuries sustained in a car accident caused by the defendant's negligence. The dispute centred on whether the statutory limitation period for personal injury claims had been appropriately extended, given the plaintiff's delay in filing the lawsuit.

The court had to determine whether the statutory provisions governing the limitation of actions applied, and if so, whether the plaintiff's delay in bringing the action was justified under the relevant principles. Specifically, the court examined whether the plaintiff had acted with reasonable diligence in pursuing the claim and whether the delay caused any prejudice to the defendant.

The Supreme Court of Victoria held that the statutory limitation period had been postponed due to the plaintiff's reasonable diligence and the absence of any prejudice to the defendant. The court found that the principles guiding the extension of the limitation period were met, allowing the plaintiff's action to proceed. The court exercised its discretion under the applicable statutes to extend the period, recognising the plaintiff's timely pursuit of the claim despite the initial delay.

The court ordered that the defendant's motion to dismiss the plaintiff's claim on the basis of the limitation period was dismissed. The case would proceed to trial on the merits, with the extended limitation period providing a legal basis for the plaintiff's action.