Waldron v Joondalup Hospital Pty Ltd

The applicant, Waldron, sought an extension of time to commence proceedings against the respondent, Joondalup Hospital Pty Ltd, for damages for personal injury allegedly sustained in Western Australia. The application was heard by the Court of Appeal of the Supreme Court of Western Australia.

The central legal issues before the Court of Appeal were whether the primary judge erred in finding that the applicant satisfied the requirements of section 39(3) of the *Limitation Act 2005* (WA). Specifically, the court considered whether the applicant was unaware at the expiration of the limitation period that her injury was attributable to the conduct of the hospital, and whether the period for which an extension was sought was no later than three years from when the applicant became aware, or ought reasonably to have become aware, that her injury was attributable to the hospital's conduct, as required by section 39(4) of the Act. The court also considered whether the solicitor's knowledge of matters going to causation could be imputed to the applicant.

The Court of Appeal allowed the appeal, setting aside the primary judge's decision. The court found that the applicant had satisfied the conditions under sections 39(3) and 39(4) of the *Limitation Act 2005* (WA). The court determined that the applicant's solicitor's knowledge was not to be imputed to the applicant for the purposes of the limitation period. Consequently, the court extended the time for the commencement of the applicant's action against the respondent.