(Supreme Court of Victoria in Australia) The court considered the requirement of giving notice within a certain period of time to the municipality as a precondition of a person recovering damages from the municipality as a result of the state of the highway. Notice had to be given within 21 days unless the plaintiff could ‘show some sufficient reason why the person injured or the owner of such property was unable to give such notice’.
Held: The court discussed what shade of meaning should be attached to the word ‘unable’. Cussen J focused more on the words ‘sufficient reason’ within the statutory provision, and said: ‘I think, for myself, that the emphatic words in the section are the words ‘show sufficient reason’.’
Judges:
Cussen J
Citations:
1908 VLR 214
Jurisdiction:
Australia
Cited by:
Cited – Secretary of State for the Home Department, Regina (on the Application of) v Asylum Support Adjudicator and others Admn 16-May-2006
The Asylum Support adjudicators had allowed appeals by the asylum failed seekers, and had awarded them support. The Secretary of State now appealed. The failed asylum seekers had been unable to leave the country and having been refused support were . .
Lists of cited by and citing cases may be incomplete.
Commonwealth
Updated: 01 May 2022; Ref: scu.244196