Gale v East Metropolitan Health Service [2026] WADC (Link to Jade).
The court held at [38]:
(a) as to the Gateway Issue, the plaintiff has passed through the first gateway (s 39(3)(a)) and the second gateway (s 39(3)(b)), either of which enlivens the discretion to grant an extension of time pursuant to s 39(4);
(b) as to the Sufficiency Issue, a sufficient extension of time is available under s 39(4) that would capture the date on which the plaintiff commenced his action in this court (namely from 2 January 2025 to 2 June 2025); and
(c) as to the Discretion Issue, as a matter of discretion, the plaintiff ought to be granted an extension of time under s 39(4) from 2 January 2025 to 2 June 2025.
The court held that:
(a) the delay in commencing the main action would not unacceptably diminish the prospects of a fair trial of the action; and
(b) the grant of an extension would not significantly prejudice the defendant in a material way.
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