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[2004] VSC 94
Supreme Court of Victoria
2004-03-29
Balmford J
Original judgment source is linked above.
[8] [1994] HCA 23; (1994) 68 ALJR 509 at 511
[9] [1967] VicRp 116; [1967] VR 890 at 892
[10] [1961] VicRp 69; [1961] VR 435 at 443
Walker
Walker [2004] VSC 94
The Queensland case of Re Terlier, [1959] QWN 5, in my respectful opinion correctly states the proposition that if it is improbable that the action will succeed, an extension of time should not be granted. This improbability may stem either from the condition of the estate - see the last words of the judgment in Brown v Holt, [1961] VicRp 69; [1961] VR 435 - or from the facts relevant to the plaintiff's claim, or from both, as in Terlier's Case.
(1994) 68 ALJR 509