Limitation Act (Western Australia)

Waldron v Joondalup Hospital Pty Ltd [2017] NSWSC 1728 is of interest for its consideration of an application for extension of the limitation period in circumstances where the Limitation Act 2005 (WA) applied.

The proposed claim arose from the amputation of her right leg below the knee, pain and suffering and psychiatric injury. It was said that the hospital failed to properly heed the plaintiff’s history as given (in 2011), in particular the recent commencement of a third generation oral contraceptive pill, the long flight from Sydney and that there had been no trauma to the foot.

The court dismissed the extension application at [120].

While the plaintiff has established that she is aware of the threshold issues set out in s 39(4)(a) and (c) she has not, at this stage, established that she was aware or ought to have reasonably become aware that the injury was attributable to the conduct of Joondalup hospital. She has not satisfied the s 39(4)(b) threshold. Thus, the plaintiff has not satisfied all three requirements of s 39(4). She is required to do so. That being so, the plaintiff’s claim to extend the limitation period in relation to Joondalup hospital fails.

 

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