Delay in Commencing Proceedings within the Limitation Period in Australia

James Goudkamp, ‘Delay in Commencing Proceedings within the Limitation Period in Australia’ (2007) 26 Civil Justice Quarterly pp.185–189.

4 Pages Posted: 1 Mar 2016 Last revised: 17 Apr 2016

See all articles by James Goudkamp

James Goudkamp

University of Oxford - Faculty of Law

Date Written: 2007

Abstract

Discusses the High Court of Australia decision in Batistatos v. Roads and Traffic Authority of New South Wales on whether pre-issue delay by a claimant could constitute an abuse of process leading to the striking out of proceedings once issued, even when issued within the limitation period. Notes the court's approach to the purpose and effect of a limitation period. Questions the public benefit and balance of prejudice between claimant and defendant in the court's decision. Compares the court's approach with attitudes to delay in the English courts.

Keywords: civil procedure, delay, abuse of process, limitation bar, defences

JEL Classification: K41

Suggested Citation

Goudkamp, James, Delay in Commencing Proceedings within the Limitation Period in Australia (2007). James Goudkamp, ‘Delay in Commencing Proceedings within the Limitation Period in Australia’ (2007) 26 Civil Justice Quarterly pp.185–189., Available at SSRN: https://ssrn.com/abstract=2740320

James Goudkamp (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
111
Abstract Views
640
rank
311,019
PlumX Metrics