Doughty v Hillier [2024] NSWSC 1220 (Link to Caselaw)
This factually complex matter arose from six spinal procedures which the plaintiff underwent between 2002 and 2009. Three of the procedures were performed before insertion of the ‘discoverability’ provisions into the Limitation Act 1969 (NSW) in December 2002, so in this application by the plaintiff for extension of the limitation period, the court was required to consider both the superseded and current provisions (including the 12 year long stop extension).
The plaintiff conceded that the psychiatric evidence adduced on her behalf did not demonstrate that she was under a disability for any particular period or periods of time.
Perhaps mostly by reason of information provided to her by a second orthopaedic surgeon in 2014, the plaintiff’s applications (under s 60G and under s 62A) both failed.
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