Australian Croatian Cultural and Educational Association "Braca Radici" Blacktown Ltd v Benkovic; Australian Croatian Cultural and Educational Association "Braca Radici" Blacktown Ltd v BAB Tiling Pty Ltd

A deliberate, fully informed decision not to sue within the limitation period, made with knowledge of the claimant's injuries, the limitation provisions, and the consequences of inaction, weighs heavily against a finding that it is 'just and reasonable' to extend time under s 60E of the Limitation Act 1969 (NSW). A subsequent change in personal feelings towards the defendant does not, without more, make extension just and reasonable. Presumptive prejudice from delay encompasses not only diminution in evidence quality but also the defendant's interest in organising its affairs on the basis that claims can no longer be made, which has particular weight where the defendant is uninsured.