Marr v Green

In the Supreme Court of Tasmania, Robert James Marr brought a claim against Louise Green for damages arising from personal injuries allegedly caused by her negligent driving on 19 March 1988. Marr sought an extension of time to bring his action, pursuant to the Limitation Act 1974, s 5(3). The court was required to determine whether the applicant's significant delay and the solicitor's inaction justified granting an extension of time. The court considered the extent of responsibility for the delay attributable to the applicant and his solicitor, and whether the respondent would suffer any material prejudice if the extension was granted. The court found that both the applicant and his solicitor were significantly at fault for the delay. The solicitor was negligent in her handling of the case, while the applicant was not blameless for failing to follow up on his case for extended periods. The court emphasised the importance of the delay factor in exercising its discretion. Despite the solicitor's errors, the applicant's significant delays in contacting his solicitor also contributed to the limitation period expiring. The court concluded that the application for an extension of time should be dismissed.