Wood v State of NSW

The appeal in *Wood v State of NSW* concerned an application for an extension of time to commence proceedings. The claimant sought to extend the time to commence proceedings against the opponent, the State of New South Wales, for a tort. The primary judge had refused the application, and the claimant appealed this decision to the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was the proper interpretation of sections 60C and 60E of the *Limitation Act 1969* (NSW). Specifically, the court had to determine whether all the subparagraphs within section 60E(1) must be satisfied when a court is considering whether it is "just and reasonable" to grant an extension of time under section 60C(2).

The Court of Appeal held that the subparagraphs in section 60E(1) are not mandatory requirements that must all be met for an extension to be granted. Instead, they are factors to be considered in the broader assessment of what is just and reasonable under section 60C(2). The court found that the primary judge had erred in treating the subparagraphs as exhaustive and mandatory. Consequently, the appeal was allowed, the order of the Acting Judge was set aside, and the time to commence proceedings was extended.