Catchwords

LIMITATION OF ACTIONS - POSTPONEMENT OF THE BAR - EXTENSION OF PERIOD - CAUSE OF ACTION IN RESPECT OF PERSONAL INJURIES - KNOWLEDGE OF MATERIAL FACTS - MATERIAL FACTS OF DECISIVE CHARACTER - where plaintiff employed to unload trailers carrying cotton bales hauled by prime movers - where plaintiff injured by bale falling from trailer during unloading - where action commenced against employer alleging negligent loading, securing and inspection of bales - where employer issued third party notice to compulsory third party insurer alleging driving of prime mover attached to trailer had made the cotton bales unstable prior to delivery - where plaintiff applied for extension of limitation period to commence action against third party - whether allegation that load had shifted in transit was mere possibility or a material fact

LIMITATION OF ACTIONS - POSTPONEMENT OF THE BAR - EXTENSION OF PERIOD - CAUSE OF ACTION IN RESPECT OF PERSONAL INJURIES - KNOWLEDGE OF MATERIAL FACTS - WHETHER REASONABLE STEPS TAKEN TO ASCERTAIN FACTS - whether plaintiff should have considered possibility that cause of injury was cotton bale shifting in transit - whether this possibility should have been considered before allegation was made in defendant's pleadings

INSURANCE - THIRD-PARTY LIABILITY INSURANCE - MOTOR VEHICLES - COMPULSORY INSURANCE LEGISLATION - RISKS INSURED - LIABILITY "IN RESPECT OF" MOTOR VEHICLES - where injury suffered during unloading of a trailer was alleged to result from the driving of the attached prime mover - whether injury caused by a wrongful act or omission "in respect of" the trailer