When assessing prejudice to a defendant from missing records in a limitation extension application, the court must consider whether the actual claim as formulated depends on the content of the missing records. Where the claim concerns a comparison of x-rays still in existence, the absence of an x-ray request form does not constitute prejudice. The likely quantum of damages is a relevant factor in determining whether an extension is just and reasonable under s 60G of the Limitation Act 1969 (NSW).
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