Waldron v Joondalup Hospital Pty Ltd [2017] NSWSC 1728

Supreme Court New South Wales

Medium Neutral Citation: Waldron v Joondalup Hospital Pty Ltd [2017] NSWSC 1728 Hearing dates: 23 & 31 October 2017 Date of orders: 13 December 2017 Decision date: 13 December 2017 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The plaintiff's application to extend the limitation period is dismissed.

(2) The plaintiff is to serve written submissions as to why, having failed to be granted an extension of the limitation period, she should not have these proceedings dismissed on or before 7 February 2018.

(3) The first defendant's notice of motion filed 25 May 2017 seeking summary judgment is stood over for directions before the Registrar at 9.00 am on 14 February 2018.

(4) Costs of the summons and the first defendant's notice of motion are reserved. Catchwords: LIMITATION OF ACTIONS – application for extension of time under Limitation Act 2005 (WA) – whether the plaintiff was unaware of the matters in s 39(3)(b) of the Act before the expiration of the limitation period - whether the plaintiff has satisfied s 39(4) of the Act - whether the knowledge of the plaintiff's legal representatives can be imputed as her actual knowledge PRACTICE AND PROCEDURE- summary judgment- whether reasonable cause of action is disclosed Legislation Cited: Federal Court Act 1976 (Cth) Limitation Act 2005 (WA) Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AME Hospitals Pty Ltd v Dixon [2015] WASCA 63 Baker-Morrison v State of NSW [2009] NSWCA 35 NIML v Man Financial Australia Ltd [2006] VSCA 128 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71 Rolland v Hart (1871) LR 6 Ch App 678 Smits v Roach (2006) 227 CLR 423 Spencer v Commonwealth [2010] HCA 28; (2010) 241 CLR 118 Category: Procedural and other rulings Parties: Leanne Louise Waldron (Plaintiff) Joondalup Pty Ltd (First Defendant) Ali Ebrahimi (Second Defendant) South Eastern Sydney Local Health District (Third Defendant) Representation: Counsel: P Beale with E Chrysostomou (Plaintiff) P Kulevski (First Defendant) SM Kettle (Second Defendant) L Boyd (Third Defendant)