Millard v State of Victoria
[2006] VSCA 29
Citation 1
…ind that the plaintiff bears the onus of persuading the Court that it is just and reasonable to extend the limitation period.”[18] [17] [2006] VSCA 29 [18] Paragraphs 40-41…
Clark v Stingel
[2005] VSCA 107
Citation 2
…the Court having regard to all of the circumstances of the case, including each of the matters enumerated in subsection (3).[16] [16] Clark v Stingel [2005] VSCA 107 55 The plaintiff has not said anything in her affidavits concerning the length of and reasons for the delay in bringing the proceeding: paragraph (a)…
Giller v Procopets
[2008] VSCA 236
Citation 3
…absence of an explanation for delay, but the failure to adequately explain the delay does not preclude a favourable exercise of discretion.[14] [13] [2008] VSCA 236 [14] paragraph 58 25 Neave JA reviewed what was said in Lockett v Duckett (supra), Harris v Harris (supra) and McGibbon v Marriott (supra) relevant t…
Stott v Murphy
[2004] VSC 373
Citation 4
…ng.[10] [10] McGibbon v Marriott (supra) per Warren J, at paragraph 7; Lockett v Duckett (supra) , per Cummins J, at paragraph 20, and Stott v Murphy [2004] VSC 373, per Cummins J, at paragraph 14. In both cases, Cummins J disagreed with Gillard J in Harris v Harris (supra) applying. 22 In Lockett v Duckett ( sup…
Joyce v Delany
[2004] VSC 338
Citation 5
…17 In Joyce v Delany,[7] Williams J referred to Harris v Harris (supra) and The Marriage of Neocleous (supra) with approval. [7] [2004] VSC 338 18 There are two other considerations relevant to the exercise of the discretion whether to grant leave or not. Some assessment of the likely outcome of the proceeding is…
McGibbon v Marriott
[1999] VSC 381
Citation 6
…9] Warren J (as she then was) considered that the plaintiff had to establish at least an arguable case. [8] (2004) 32 Fam LR 346, at paragraph 23 [9] [1999] VSC 381, at paragraph 18 20 In order to make some assessment of the likely outcome of the proceeding it is necessary to consider sections 45 and 51 which req…