Peterson v Broadbent

Peterson applied for an extension of the limitation period to bring a claim against Broadbent for injuries she suffered as a result of surgery performed by Broadbent at a hospital. The application was not opposed by Broadbent, but was opposed by the hospital on the basis of prejudice. The court had to determine whether the limitation period should be extended.

The court examined the circumstances of the case and considered whether the plaintiff had knowledge of the material facts of a decisive character at the relevant time. The court found that the plaintiff did not have such knowledge and therefore the limitation period should be extended. The court also considered the prejudice to the hospital if the limitation period was extended and found that it was not significant enough to outweigh the plaintiff's right to bring the claim.

The court ordered that the time limit for the commencement of proceedings be extended to 9 October 2008, pursuant to section 31(2) of the Limitation of Actions Act 1974. The extension allowed the plaintiff to bring her claim against Broadbent for the injuries she suffered as a result of the surgery.