Seib v Morton

The appeal in *Seib v Morton* concerned an application for leave to commence proceedings out of time in relation to a motor accident claim. The primary issue before the court was whether an extension of time to commence proceedings would cause prejudice to the defendant.

The court was required to determine whether the primary judge erred in granting leave to commence proceedings out of time, and if so, whether the appeal should be allowed. This involved considering the principles governing the grant of extensions of time under the relevant legislation and the assessment of prejudice to the defendant.

The court found that the primary judge had misapplied the principles relating to prejudice. It was held that the defendant would suffer significant prejudice if the extension were granted, particularly due to the passage of time and the potential for faded memories and loss of evidence. The court emphasised that the discretion to grant an extension of time must be exercised judicially, with a careful balancing of the interests of both parties.

Consequently, the appeal was allowed with costs, and the orders made by the primary judge were set aside.