An 80-year-old woman, with a 40-year history of chronic glaucoma (which she knew would eventually cause her to go blind), brought an application for leave to commence proceedings out of time, against her treating ophthalmologist. She proposed to claim that the doctor’s treatment, rather than her underlying condition, had caused her premature blindness.
After an extensive review of the authorities on applications for leave to commence proceedings out of time, Justice Ryan held that, on all the evidence, the applicant could not point to evidence to establish the right of action.
Matthew Hickey appeared for the successful respondent doctor, instructed by Minter Ellison.
The judgment is available here.