High Court Wellington
10, 12 December 1958
Hutchison J.
10, 12 December 1958
Hutchison J.
Limitation of actions — Actions in Respect of Bodily Injury — Application for Leave to bring Action out of Time — Material Witness for Intended Defendant unavailable — Times when Prejudice to Intended Defendant arises — Comparative Times of Trial to be considered — Medical Examination of Intending Plaintiff, as to Attributability of Injuries to Relevant Accident, not possible until Time of Notice of Intention to bring Delayed Action — Defendant, on both Grounds, "materially prejudiced in his defence by delay" — Limitation Act 1950, s. 4 (7).
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