Milperra Marketing Pty Ltd v Bayliss

Milperra Marketing Pty Ltd appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales which granted the respondent, Mr Bayliss, an extension of time to commence proceedings. The underlying dispute concerned Mr Bayliss's claim for damages for personal injury allegedly sustained as a result of the appellant's conduct.

The primary legal issues before the Court of Appeal were whether Mr Bayliss had made an application for an extension of the limitation period within three years of becoming aware of his condition and its connection to the appellant's acts or omissions, as required by sections 60I and 60G of the *Limitation Act 1969* (NSW), and whether it was just and reasonable to grant such an extension.

The Court of Appeal considered the evidence regarding Mr Bayliss's knowledge of his condition and its cause. It was held that the evidence supported the finding that Mr Bayliss had indeed become aware of the relevant facts within the statutory period. Furthermore, the Court affirmed the Supreme Court's assessment that granting the extension was just and reasonable in the circumstances, applying the principles established in relevant case law concerning the interpretation and application of the *Limitation Act*.

The appeal was dismissed, and Milperra Marketing Pty Ltd was ordered to pay Mr Bayliss's costs.