NSW Sugar Milling Co-Operative Limited v Michael Gortley Cheetham

The New South Wales Court of Appeal considered an application for leave to appeal and an appeal concerning an extension of the limitation period for bringing proceedings for damages for personal injury arising from industrial deafness. The parties involved were NSW Sugar Milling Co-Operative Limited, the applicant and appellant, and Michael Gortley Cheetham, the respondent.

The central legal issue before the Court was the proper construction and application of section 60G(2) of the *Limitation Act 1969* (NSW). Specifically, the Court had to determine whether it was just and reasonable to extend the limitation period for the respondent's claim, and whether inadequate weight had been given to the prejudice occasioned to the putative defendant if such an extension were granted. The Court also considered the relevance of the putative defendant's position in this assessment.

The Court reasoned that the discretion to extend the limitation period under section 60G(2) required a balancing of the prejudice to the claimant if the period was not extended against the prejudice to the defendant if it was. In this instance, the Court found that the primary judge had given insufficient weight to the prejudice that would be suffered by the appellant if the limitation period were extended. The Court applied the principles of statutory interpretation to section 60G(2), emphasizing the need for a comprehensive consideration of all relevant factors, including the potential impact on the defendant.

The application for leave to appeal was upheld, and the appeal itself was also upheld.