Delay in Commencing Proceedings within the Limitation Period in Australia

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