MOYES & MOYES

The parties to this proceeding were Moyes & Moyes, the applicants, and the respondent, whose identity is not specified in the provided text. The dispute concerned an application for an order under section 10 of the *Limitation of Actions Act 1974* (Qld) to extend the time for commencing proceedings. The matter was heard by Judge Hartnett in the Supreme Court of Queensland.

The central legal issue before the court was whether the applicants had established sufficient grounds to warrant an extension of time for their proposed action. This required the court to consider the principles governing the exercise of discretion under section 10 of the *Limitation of Actions Act 1974* (Qld), including the applicant's diligence in pursuing their claim and the prejudice that would be occasioned to the respondent if an extension were granted.

Judge Hartnett applied the established legal principles for granting extensions of time under section 10 of the *Limitation of Actions Act 1974* (Qld). The court considered the applicants' explanation for the delay in commencing proceedings and assessed whether they had acted with reasonable diligence. Crucially, the court also weighed the potential prejudice to the respondent against the prejudice to the applicants if the extension were refused. The court found that the applicants had not demonstrated sufficient grounds to justify the exercise of its discretion to extend the time for commencing proceedings.