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ARTICLE · 20 APRIL 2024

NSW Supreme Court ruling highlights difficulty in relying on limitations defence

Holman Webb
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An example of how difficult it can be to successfully rely on a limitations defence, particularly at an interlocutory stage.

AustraliaLitigation, Mediation & Arbitration
Nicholas Gordon
Nicholas Gordon
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The NSW Supreme Court recently delivered an interesting judgment in Ivanisevic v N & T Building Limited [2024] NSWSC 380. Holman Webb Lawyers acted for a defendant who was not a party to the motion.

BACKGROUND TO THE CASE

The Plaintiff alleges that on 24 July 2013, he sustained injuries after a ladder he was ascending collapsed at the residential premises he was working at. The Plaintiff underwent 18 surgeries and, ultimately, an amputation of his left leg below the knee on 10 March 2021.

The Plaintiff had sought legal advice in 2017, however, that initial advice only concerned his workers compensation entitlements. The Plaintiff first obtained advice concerning a claim against the builders (the first defendant) in 2019, but allegedly no advice in relation to the owners, of which one was present and had put the ladder in place just prior to the accident.

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