NSW Sugar Milling Co-Operative Ltd v Murray Norman Fowke

The New South Wales Court of Appeal considered an application for leave to appeal from a decision of the District Court of New South Wales. The applicant, NSW Sugar Milling Co-Operative Ltd, sought to appeal a District Court judge's decision to extend the limitation period under section 60G of the *Limitation Act 1969* (NSW) in favour of the respondent, Murray Norman Fowke.

The central legal issues before the Court of Appeal were whether the primary judge had erred in their assessment of the prejudice occasioned to the claimant when considering the extension of the limitation period, and whether the primary judge had misstated and misapplied the principles concerning the onus of proof in such applications.

The Court of Appeal found no error in the primary judge's decision. It was held that the primary judge had adequately considered the prejudice to the claimant and had correctly applied the principles relating to the onus of proof. Consequently, the application for leave to appeal was dismissed.