State of New South Wales v Ridley

The Court of Appeal of New South Wales considered an appeal by the State of New South Wales against a decision of Rolfe DJ in the District Court. The dispute concerned the application of certain provisions of the *Limitation Act 1969* (NSW).

The central legal issue before the Court of Appeal was the proper interpretation and application of section 60I(1)(a)(i) to (iii) of the *Limitation Act 1969*. This section deals with the circumstances in which a court may grant leave to commence proceedings out of time.

The Court of Appeal found that Rolfe DJ had erred in his application of section 60I. The Court reasoned that the statutory preconditions for granting leave under that section had not been met in the circumstances of the case. Consequently, the Court of Appeal granted leave to appeal, set aside the decision of Rolfe DJ, and remitted the matter to the District Court for further determination. The costs of the appeal were ordered to be costs in the cause.