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Griffiths, Jeffrey v Nillumbik Shire Council [2022] VSCA 212

Victorian Court of Appeal
Beach JA, Keogh and J Forrest AJJA

Griffiths, Jeffrey v Nillumbik Shire Council

Judgment Date: 
30 September 2022

LIMITATION OF ACTIONS - Workplace injury - Worker's cause of action statute barred - Application to extend time within which to commence proceeding refused by primary judge - Application for leave to appeal judge's decision - Relevance of former lawyers' conduct and advice - Substantial delay - Whether delay adequately explained - Worker's knowledge of existence of cause of action and limitation period prior to expiration of limitation period - Whether judge adequately considered advice and conduct of applicant's former solicitors - Whether judge gave inappropriate weight to period of subsequent delay - Whether judge gave inadequate consideration to deterioration in applicant's condition - Whether judge failed to consider prejudice to applicant in refusing application - Whether judge erred in assessing prejudice to respondent - Whether judge's reasons adequate - Whether decision plainly wrong or plainly unjust - Proposed appeal having no prospect of success - Application for leave to appeal refused.

Limitation of Actions Act 1958, ss 5(1)(a) and 23A; Accident Compensation Act 1985, s 134AB.

Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 and Prince Alfred College Inc v ADC (2016) 258 CLR 134 applied; Tsiadis v Patterson (2001) 4 VR 114, Itek Graphix Pty Ltd v Elliott (2002) 54 NSWLR 207 and Hunt v Holcombe [2018] VSCA 248 referred to.