Prince Alfred College Inc v ADC
[2016] HCA 37
Citation 1
…o the decision of the High Court in Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 and Prince Alfred College Incorporated v ADC [2016] HCA 37. It is pointed out that the present case is not one of very lengthy delay and some of the observations made in the High Court cases are not applicabl…
Martin v Bailey
[2009] VSCA 263
Citation 2
…and other cases. The relevant period of delay is calculated from the date on which the cause of action accrued – see Repco v Scardamaglio [1996] 1 VR 7. In the present case, the issue of responsibility of solicitors does not arise. The late Mr Murphy gave advice in a different context and was not retaine…
Tsiadis v Patterson
[2001] VSCA 138
Citation 3
…nsiderations in arriving at a conclusion that takes account of them all – see, for example, Edwards v Kennedy [2009] VSC 74 and Tsiadis v Patterson (2001) 4 VR 114. The plaintiff bears the burden of persuading the Court that it is just and reasonable to extend the limitation period. The plaintiff must establish th…
Brisbane South Regional Health Authority v Taylor
[1996] HCA 25
Citation 4
…18 Reference is made to the decision of the High Court in Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 and Prince Alfred College Incorporated v ADC [2016] HCA 37. It is pointed out that the present case is not one of very lengthy delay and some of the observations made in the High Court cases…
Sparkes v Hylemit Pty Ltd
[2016] VSC 453
Citation 5
…decision not to pursue a cause of action, a proposition advanced in the defendant’s written submissions. The situation in Sparkes v Hylemit Pty Ltd [2016] VSC 453 deals with a different situation where a plaintiff made a deliberate decision not to pursue an application for an extension of time for a two year peri…
Davies v Nilsen
[2015] VSC 584
Citation 6
…real prejudice to the defendant by reason of the delay. He contrasted the situation to that which existed in his earlier decision of Davies v Nilsen [2015] VSC 584. He observed that, in Davies , the circumstances of the accident were fully understood, were not in issue, and bespoke negligence on the part of the d…
Edwards v Kennedy
[2009] VSC 74
Citation 7
…st synthesise a number of competing considerations in arriving at a conclusion that takes account of them all – see, for example, Edwards v Kennedy [2009] VSC 74 and Tsiadis v Patterson (2001) 4 VR 114. The plaintiff bears the burden of persuading the Court that it is just and reasonable to extend the limitation…
Wintle v Stevedoring Industry Finance Committee
[2002] VSC 265
Citation 8
…e available which gives her a reasonable prospect of establishing the cause of action – see Wintle v Stevedoring Industry Finance Committee & Ors [2002] VSC 265.…