Ratko v Ratko

In *Ratko v Ratko*, the New South Wales Court of Appeal considered an application for leave to appeal a decision concerning the extension of time for bringing a claim under the *Limitation Act 1969* (NSW). The primary dispute involved whether the applicant had established grounds for extending the limitation period for an action, with the respondent arguing against such an extension.

The Court was required to determine whether the trial judge had erred in finding that the respondent had a "real cause to advance" that his injury was caused by accident. Furthermore, the Court had to assess whether it was just and reasonable to extend the limitation period under section 60C of the *Limitation Act 1969*, considering the reasons for the delay in bringing the claim and whether that delay had caused actual prejudice to the applicant.

The Court of Appeal ultimately dismissed the application for leave to appeal. While the specific reasoning of the trial judge and the Court of Appeal on the merits of the extension of time application are not detailed in the provided text, the outcome indicates that the applicant failed to persuade the Court that the trial judge's decision was incorrect or that the criteria for granting an extension of time under section 60C had been met. The Court extended the time to apply for leave to appeal, but then dismissed the substantive application for leave to appeal with costs.