Batistatos v Roads and Traffic Authority of New South Wales
[2006] HCA 27
Citation 1
…73 Further, the situation is not akin to that which was prevailing in Batistatos v Road & Traffic Authority of New South Wales & Anor [2006] HCA 27, where, in essence, no useful evidence was available upon which to conduct the trial into the question of whether the plaintiff’s injuries were caused by the neglige…
Tsiadis v Patterson
[2001] VSCA 138
Citation 2
…70 This extract from Bell was cited with approval by Buchanan JA in Tsiadis v Patterson (2001) 4 VR 114.…
Brisbane South Regional Health Authority v Taylor
[1996] HCA 25
Citation 3
…30 In Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541, McHugh J referred to four policy considerations relevant to an application such as this. These include the consideration that, as time goes by, relevant evidence is likely to be lost. That is relevant to the present case. Secondly, McHugh J s…
Jones v Dunkel
[1959] HCA 9
Citation 4
…the plaintiff’s veracity and, as stated, I accept his evidence. Whilst I was not asked by Mr Batten to draw an inference of the type referred to in Jones v Dunkel (1959) 101 CLR 298, he did point out that no affidavits from the three firms of solicitors engaged by the plaintiff had been put before the court. I am bearin…
Jones v Dunkel
[1959] HCA 8
Citation 5
…veracity and, as stated, I accept his evidence. Whilst I was not asked by Mr Batten to draw an inference of the type referred to in Jones v Dunkel (1959) 101 CLR 298, he did point out that no affidavits from the three firms of solicitors engaged by the plaintiff had been put before the court. I am bearing that in mi…
Van Gerven v Amaca Pty Ltd
[2012] VSC 131
Citation 6
…the Victorian WorkCover Authority, is a factor which can be borne in mind – see the observations of Beach J in Van Gerven v Amaca Pty Ltd & Anor [2012] VSC 131. It takes no great stretch of the imagination to come to the conclusion that the effect of the outcome of the application upon the plaintiff, considering…
Lovejoy v Carp & Ors
[1999] VSC 223
Citation 7
…have been in the order of 15 years. In Kosky v Trustees of Sisters of Charity [1982] VR 961, the relevant delay was 14 years. In Lovejoy v Carp & Ors [1999] VSC 223, the relevant delays were for periods between 11 and 20 years. Of course, in some other cases the delay has not been of that length – see, for exampl…
Saric v Chubb Security Australia Pty Ltd
[2014] VCC 80
Citation 8
…having been put before me. Of course, the parties were identical to those in the present application. The citation of her Honour’s Judgment is [2014] VCC 80.…