The Court granted a police officer leave to bring common law proceedings for damages for a cervical spine injury sustained in a 2005 transport accident, finding the injury constituted a serious long-term impairment of a body function when assessed separately from a pre-existing lumbar spine condition, and extended the limitation period under s 23A of the Limitation of Actions Act 1958 (Vic), holding that the plaintiff acted promptly once aware of his rights and that no specific prejudice to the defendant precluded a fair trial.
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