Vonhoff v Hillier [2024] NSWSC 1285

Supreme Court New South Wales

Medium Neutral Citation: Vonhoff v Hillier [2024] NSWSC 1285 Hearing dates: 21, 22 August 2024 Date of orders: 21 October 2024 Decision date: 21 October 2024 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The long-stop limitation period for the commencement of the proceedings is extended to 20 October 2020. (2) Those paragraphs of the amended statement of claim that purport to plead a cause of action in respect of the 2010 surgery are struck out. (3) The plaintiff is to serve an amended statement of claim on the defendant reflecting these orders within 14 days. (4) The matter is listed for further case management before me on 9 December 2024 at 9:30am. (5) Costs will be the defendant's costs in the cause. (6) Should the parties seek any different order, that can be raised on 9 December 2024. Catchwords: LIMITATION OF ACTIONS – where plaintiff sues the defendant for medical negligence alleged to have occurred in 2006 and 2010 – where proceedings not commenced until 2020 – application under s 62A of the Limitation Act 1969 for extension of the 12 year long-stop limitation period – whether the 3 year post discoverability period had expired at the time proceedings were commenced – whether just and reasonable to extend the long-stop limitation period Legislation Cited: Limitation Act 1969 (NSW), ss 50A, 50C, 50D, 50F, 62A, 62B Cases Cited: Baker-Morrison v New South Wales (2009) 74 NSWLR 454 Bostik Australia Pty Ltd v Liddiard [2009] NSWCA 167 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Doughty v Hillier [2024] NSWSC 1220 Drayton Coal Pty Ltd v Drain [1995] NSWCA 131 Harris v Commercial Minerals Ltd (1996) 186 CLR 1 McLean v Sydney Water Corporation [2001] NSWCA 122 State of NSW v Gillette [2012] NSWCA 83 Category: Procedural rulings Parties: Peter Walter Vonhoff (Plaintiff) Dr Terence Hillier (Defendant) Representation: Counsel: I Roberts SC and JA Hillier (Plaintiff) J Downing SC (Defendant)