Moeller v New Plymouth Harbour Board - [1955] NZLR 151

Limitation of Action — Actions against Public and Local Authorities — Action out of Time — Notice of Intended Action not given — Burden of Proof that Intended Defendant "not materially prejudiced" by Delay — Evidence of Plaintiff giving rise to Reasonable Inference that Defendant not materially prejudiced — Onus of Proof shifted to Intended Defendant — Accident, on which Intended Common-law Action to be based within knowledge of Local Authority, and Intended Plaintiff available for Obsercation during Whole Period of Delay — Intended Defendant's Responsibility to Show it had not been materially prejudiced in Its Defence — "Materially prejudiced" — Limitation Act. 1950, s 23 (2).