Time And Prejudice: Limitation And The Court's Discretion

In Drew v Patricks Stevedores Holdings Pty Limited (No 2) [2017] VSC 352, the Supreme Court of Victoria considered whether Mr Drew's claim for compensation against his former employer, Patricks Stevedores Holdings Pty Ltd, was statute barred.

Background

Mr Drew alleged that he was injured during the course of his employment with Patricks Stevedores. Mr Drew sustained injuries on the following occasions:

The Supreme Court ruling concerns the timing issues and gives rise to the following two questions:

1. Does time begin to run from the injury in November 2002 or from the cessation of his employment in 2014?
2. Should time be extended pursuant to s.23A of the Limitations of Actions Act 1958 (Vic) (the Act) to enable Mr Drew to bring his entire claim in this proceeding?