Waldron v Joondalup Hospital Pty Ltd [2018] NSWCA 182

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Waldron v Joondalup Hospital Pty Ltd [2018] NSWCA 182 Hearing dates: 2 July 2018 Decision date: 17 August 2018 Before: McColl AP at [1]; Meagher JA at [2]; Sackville AJA at [3] Decision: 1. Grant leave to the applicant to appeal from the decision of Harrison AsJ made on 13 December 2017. 2. Direct the applicant to file a notice of appeal in the form of the draft notice of appeal within seven days. 3. Allow the appeal. 4. Set aside Order 1 by Harrison AsJ on 13 December 2017. 5. In lieu thereof order that pursuant to s 39(3) and 39(4) of the Limitation Act 2005 (WA) the time for the commencement of the applicant's action against the respondent (2017/59616) be extended until 24 February 2017. 6. Order the applicant to pay the respondent's costs of the proceedings in the Common Law Division. 7. Order the respondent to pay the applicant's costs of the appeal including the application for leave to appeal. Catchwords: LIMITATION OF ACTIONS – applicant seeks extension of time to commence proceedings against a hospital claiming damages for personal injury – alleged negligence occurred in Western Australia – application governed by s 39 of the Limitation Act 2005 (WA) – whether solicitor's knowledge of matters going to causation can be imputed to the applicant – whether primary Judge was correct to find that the applicant satisfied s 39(3) because she was not aware at the expiration of the limitation period that her injury was attributable to the conduct of the hospital – whether the period for which an extension was sought was no later than three years from when the applicant became aware or ought reasonably have become aware that her injury was attributable to the conduct of the hospital as required by s 39(4) Legislation Cited: Choice of Law (Limitation Periods) Act 1993 (NSW), ss 5, 6 Civil Liability Act 2005 (NSW), s 5O Legal Profession Uniform Law Application Act 2014 (NSW) Sch 2, cl 4(2) Limitation Act 1969 (NSW), ss 50, 60 Supreme Court Act 1970 (NSW), s 101(2)(e)