Parsons v Doukas

In *Parsons v Doukas*, the Supreme Court of Victoria considered an appeal concerning the discretion to grant leave to commence proceedings out of time following a motor vehicle accident. The appellant sought to bring an action against the respondent after the expiry of the statutory limitation period.

The central legal issue before the Court was the scope of the discretion vested in the court under the relevant legislation to grant an extension of time for commencing proceedings in such circumstances. This involved determining the factors that a court should properly take into account when exercising this discretion.

The Court affirmed that the discretion to grant an extension of time is broad but must be exercised judicially. It reiterated that a primary consideration is whether the plaintiff has a reasonably arguable case. The Court also emphasised the importance of considering the prejudice to the defendant if an extension were granted, balanced against the prejudice to the plaintiff if it were refused. The Court found no error in the lower court's exercise of discretion and therefore dismissed the appeal.