Tompkins v Natalwala

The applicant sought an extension of time to file a claim under the Competition and Consumer Act 2010 (Cth) against the respondent. The applicant's original claim had been barred by the limitation period. The case was heard in the Federal Circuit Court of Australia. The court had to determine whether the applicant was entitled to an extension of time under section 39(3) of the Limitation Act 2005 (WA) to commence proceedings under the Competition and Consumer Act 2010 (Cth). The court also needed to consider whether the applicant's claim was within the ambit of sections 87E and 87F of the Competition and Consumer Act 2010 (Cth).

The court examined the relevant provisions of the Limitation Act 2005 (WA) and the Competition and Consumer Act 2010 (Cth). It found that section 39(3) of the Limitation Act 2005 (WA) applied to the applicant's claim, and that the applicant was entitled to an extension of time. The court also found that the applicant's claim was within the ambit of sections 87E and 87F of the Competition and Consumer Act 2010 (Cth). The court noted that the applicant had made a genuine and diligent attempt to bring the proceedings within the limitation period, and that there were exceptional circumstances that warranted an extension of time. The court found that the applicant's claim was not barred by the limitation period, and that the application for an extension of time should be granted.

The court ordered that the applicant's claim was not barred by the limitation period and that the application for an extension of time was granted. The court also ordered that the respondent was liable to pay the applicant's costs of the application.