Black v Hillier

The case of Black v Hillier involved the plaintiff, Black, suing the defendant, Hillier, for medical negligence which allegedly occurred between 1999 and 2000. The proceedings were commenced in 2021, and the plaintiff sought an extension of the limitation period under section 60G(2) of the Limitation Act 1969 (NSW). The central legal issue before the court was whether the plaintiff was aware of the connection between her personal injury and the defendant's act or omission, as required by sections 60I(1)(a)(iii) and 60I(1)(b) of the Limitation Act. This question hinged on whether a letter, allegedly written by the plaintiff in 2007, had been sent to the defendant, referring to a solicitor and requesting an explanation of her treatment.

The court examined the evidence presented to determine the authenticity and authorship of the 2007 letter. The plaintiff denied that she had sent the letter, while the defendant asserted that it was indeed sent by the plaintiff. The court considered the implications of this disputed letter on the plaintiff's knowledge of the connection between her injury and the defendant's actions. Ultimately, the court held that the plaintiff's awareness of the connection was insufficiently established to justify an extension of the limitation period. The court found that the plaintiff had not demonstrated that she knew or ought to have known of the connection at the relevant time, thus the claim was statute-barred.

As a result, the court dismissed the plaintiff's action, finding that the claim was time-barred and could not proceed under the Limitation Act. The court's decision was based on the plaintiff's failure to provide sufficient evidence of awareness of the connection between her injury and the defendant's actions. The court did not grant the plaintiff an extension of the limitation period, and the proceedings were terminated.