The State of New South Wales v Knight

The State of New South Wales appealed to the Court of Appeal of New South Wales against a decision of a judge of the District Court of New South Wales, which had granted the respondent, Mr Knight, an extension of time to commence proceedings for damages for personal injury. The underlying claim concerned an injury to Mr Knight's shoulder.

The primary legal issues before the Court of Appeal were whether Mr Knight was aware of the nature and extent of his shoulder injury more than three years prior to applying for the extension of time, as contemplated by s 601(1)(a)(ii) of the *Limitation Act 1969* (NSW), and whether the delay in commencing proceedings was inordinate and caused actual prejudice to the appellant, an argument not raised in the court below.

The Court of Appeal considered the evidence regarding Mr Knight's awareness of his injury and the reasons for the delay. It applied the principles governing extensions of time under s 60 of the *Limitation Act 1969* (NSW), which requires the court to consider various factors including the cause of action, the applicant's knowledge of the injury and its cause, and the prejudice to the defendant. The Court also addressed the appellant's attempt to raise new arguments on appeal, noting the principles regarding points not taken below.

The Court of Appeal granted leave to appeal but ultimately dismissed the appeal, upholding the District Court's decision to grant the extension of time. The appellant was ordered to pay Mr Knight's costs.