R v Sadler
[2008] VSCA 198
Citation 1
…set out in s27F(1)(a) and (c) apply. Questions of understanding the cause of fault are really matters of lay understanding – see Spandideas v Vella [2008] VSCA 198 at paragraph 32.…
Clark v McGuinness
[2005] VSCA 108
Citation 2
…levant considerations, as opposed to weighing competing factors against each other – see Tsiadis v Patterson [2001] VSCA 138 and Clark v McGuinness [2005] VSCA 108. Thirdly, the list of factors included in s23A and s27L is not exhaustive.…
South Western Sydney Area Health Service v Gabriel
[2001] NSWCA 477
Citation 3
…urt that there would not be such prejudice as would make the chances of an acceptably fair trial unlikely. His Honour referred to the decision in South Western Sydney Area Health Service v Gabriel (2001) NSWCA 477.…
Tsiadis v Patterson
[2001] VSCA 138
Citation 4
…h to be adopted is to synthesise the relevant considerations, as opposed to weighing competing factors against each other – see Tsiadis v Patterson [2001] VSCA 138 and Clark v McGuinness [2005] VSCA 108. Thirdly, the list of factors included in s23A and s27L is not exhaustive.…
Brisbane South Regional Health Authority v Taylor
[1996] HCA 25
Citation 5
…eriod is looked at, rather than just the period after the expiry of the limitation period – see Brisbane South Regional Health Authority v Taylor (1986) 186 CLR 541.…
Davies v Nilsen
[2015] VSC 584
Citation 6
…he third defendant are s23A(3)(e) and (f). In terms of general principles, reference is made to the recent decision of J Forrest J in Davies v Nilsen [2015] VSC 584. In that case, his Honour stated as follows:…
Arisoy v Yoogalu Pty Ltd
[2012] VSC 631
Citation 7
…9] VSC 151 and Tsiadis . In addition, lack of a clear explanation for the delay is a relevant factor to be weighed – see Arisoy v Yoogalu Pty Ltd [2012] VSC 631. Such a clear explanation is lacking in the present case.…
Donmez v Neissa
[2012] VSC 73
Citation 8
…security at the Hotel. The first issue to be determined in this regard is where the onus lies. This was discussed by Kaye J in Donmez v Neissa & Anor [2012] VSC 73. At paragraphs 32 and 33, his Honour stated as follows:…
Delai v Western District Health Service & Anor
[2009] VSC 151
Citation 9
…rs has to take place. One factor to be considered is the availability of an action against the relevant solicitor – Delai v Western District Health [2009] VSC 151 and Tsiadis . In addition, lack of a clear explanation for the delay is a relevant factor to be weighed – see Arisoy v Yoogalu Pty Ltd [2012] VSC 631.…
Gordon v Norwegian Capricorn Line (Australia) Pty Ltd
[2007] VSC 517
Citation 10
…In Gordon v Norwegian Capricorn Line (Australia) Pty Ltd [2007] VSC 517, J Forrest J pointed out that, in determining whether there is significant prejudice, what is to be considered is whether there can be a fair trial. He stated that a fair trial does not mean an ideal trial, but one that is “acceptably fair”.…