Mealing v P Chand t/as Fastfix

The appeal concerned an application by the plaintiff, Mealing, for an extension of the limitation period after proceedings had already been commenced against the defendant, P Chand t/as Fastfix. The Supreme Court of New South Wales, Court of Appeal, comprising Meagher ACJ, Handley JA and Young CJ in Eq, heard the matter.

The central legal issue before the Court of Appeal was whether it had the power to grant an extension of the limitation period after the plaintiff had already instituted proceedings. This question arose in circumstances where the plaintiff sought to amend their statement of claim to include a cause of action that would otherwise be statute-barred.

The Court of Appeal determined that the relevant legislation, specifically section 64 of the *Limitation Act 1969* (NSW), permitted the granting of an extension of time for commencing proceedings even after those proceedings had been validly commenced. The Court reasoned that the purpose of the section was to allow for the joinder of new causes of action, which might otherwise be time-barred, to be brought within existing proceedings, provided that the court was satisfied that the extension was just and reasonable. The Court applied the principles that the discretion to grant an extension should be exercised broadly and that the court should consider all relevant circumstances, including the prejudice to the defendant.

Leave to appeal was granted, the appeal was allowed, and orders were made by the Court.