Cox v Keys

The applicant, Cox, sought extensions of time under the *Limitation Act 1969* to commence proceedings against general practitioners, Drs Keys and Yuen, and a radiologist. The primary judge had refused to grant these extensions. Cox appealed this decision to the Court of Appeal of New South Wales, with McColl and Macfarlan JJA presiding.

The central legal issues before the Court of Appeal were whether the primary judge erred in refusing to grant the extensions of time, and whether it was "just and reasonable" to grant such extensions. Specifically, the court considered whether the primary judge was entitled to take into account the likelihood of minimal damages against one practitioner, and whether the general practitioners would be prejudiced in their defence by the absence of clinical notes and their inability to recall consultations. The potential prejudice to the radiologist due to the absence of an x-ray request form was also a consideration.

The Court of Appeal allowed the appeal in relation to the claim against Dr Lees, one of the general practitioners. The court found that it was just and reasonable to grant an extension of time for the applicant to file a Statement of Claim against Dr Lees. However, the application for leave to appeal in relation to the claims against Drs Keys and Yuen was dismissed. The court set aside the primary judge's order dismissing the applicant's Notice of Motion concerning Dr Lees and extended the time for filing the Statement of Claim against him.