Ireland v Wightman

In *Ireland v Wightman*, the Full Court of the Supreme Court of South Australia considered an appeal concerning the extension of time for personal injury proceedings under section 48 of the *Limitation of Actions Act 1936* (SA). The appeal arose from a decision of Blue J, who had dismissed an appeal against an order made by Magistrate Snopek extending time for the plaintiff to institute proceedings.

The central legal issue before the Full Court was whether a newly discovered fact, specifically a psychologist's report, had "major significance" on the assessment of the plaintiff's loss, as required by section 48(3a)(b) of the Act. This determination was crucial for establishing whether the plaintiff had discovered a material fact of a decisive character after the limitation period had expired.

The Court, comprising Vanstone, David, and Parker JJ, allowed the appeal. Their Honours reasoned that the assessment of whether a newly discovered fact has "major significance" on the assessment of loss does not necessitate a precise mathematical or numerical exercise. Instead, it requires an overall judgment based on the evidence available at the time, considering whether the fact would be "very important" in assessing the loss. The Court found that the psychologist's report, which indicated the plaintiff suffered an adjustment disorder with anxiety resulting from the collision but had not lost time from work and required no further treatment, did not have major significance. The Court concluded that the magistrate and the judge had erred in finding that the report would have a major effect on the assessment of loss, as the evidence suggested only some, not major, significance. Consequently, the Court set aside the orders of Blue J and Magistrate Snopek, and refused the plaintiff's application for an extension of time to institute proceedings.