Keskenidis v McKenzie

The case of *Keskenidis v McKenzie* concerned an application for an extension of the limitation period under the *Motor Accidents Act*. The claimant sought to bring proceedings seven years after the relevant event, a delay that the defendant argued would cause prejudice, particularly concerning medical evidence. The primary judge in the District Court had granted the extension, but the defendant appealed this decision to a higher court.

The central legal issue before the appellate court was whether the primary judge had erred in exercising their discretion to grant an extension of time for the claimant to commence proceedings. This involved considering the principles governing extensions of time under the *Motor Accidents Act*, particularly in circumstances where there is significant delay and potential prejudice to the defendant. The court had to weigh the claimant's reasons for the delay against the prejudice suffered by the defendant.

The appellate court found that the primary judge had misapplied the relevant principles. While acknowledging the claimant's difficulties, the court emphasised that the significant delay of seven years, coupled with the demonstrable prejudice to the defendant regarding medical evidence, weighed heavily against granting an extension. The court determined that there was no question of principle involved that would justify such a substantial departure from the statutory time limits. Consequently, the appeal was allowed, the District Court's decision was set aside, and the claimant's application for an extension was dismissed.