Said Mohajid Adilzada by his next friend Said Taqee Adilzada v The Nominal Defendant

In this case, the applicant, Said Mohajid Adilzada, through his next friend Said Taqee Adilzada, sought leave to commence proceedings against the nominal defendant. The dispute arose due to the applicant's incapacity to personally pursue legal action, necessitating representation by a next friend. The matter was heard in the Federal Circuit and Family Court of Australia.

The court was tasked with deciding whether to grant leave to commence proceedings beyond the statutory time limit and whether to strike out the application due to the lack of an affidavit of evidence. The applicant's incapacity and the delay in commencing proceedings presented the primary legal issues. The court had to balance the statutory requirements with the equitable considerations of the applicant's situation.

The court granted leave to commence the proceedings, noting the exceptional circumstances of the applicant's incapacity and the delay. The court found that the applicant's next friend had acted diligently and that there were compelling reasons for the delay. The court held that it was appropriate to exercise its discretion in favour of granting leave, taking into account the potential merits of the applicant's claim and the impact of the delay on the respondent. The court also determined that the lack of an affidavit of evidence did not warrant striking out the application.