Sweetman v Ritter (No 2)

The plaintiff, Sweetman, filed an application for leave to commence proceedings out of time against the defendant, Ritter. The application was made in the Federal Circuit Court of Australia. The dispute arose from an earlier case, Sweetman v Ritter (No 1), in which the plaintiff had sought leave to amend a statement of claim but was denied by the court. The plaintiff sought to commence a new proceeding out of time, and the defendant opposed the application.

The court had to determine whether the plaintiff should be granted leave to commence proceedings out of time. The plaintiff argued that there were exceptional circumstances justifying the late filing, while the defendant contended that the plaintiff had not shown sufficient grounds for the delay. The court considered the principles governing applications for leave to commence proceedings out of time, including the need for the applicant to demonstrate exceptional circumstances and the potential for prejudice to the respondent.

The court granted the plaintiff's application, finding that the plaintiff had demonstrated exceptional circumstances and that the prejudice to the defendant would be minimal. The court noted that the plaintiff had acted promptly once the earlier case was concluded and that the defendant had not shown significant prejudice from the delay. The court ordered that the plaintiff have leave to file a statement of claim and rule 15 particulars by a specified date and that the costs of the summons be costs in the proceedings.