The Court granted an extension of time under s 23A of the Limitation of Actions Act 1958 (Vic) where a 7-year and 7-month delay was caused entirely by the plaintiff's former solicitors providing incorrect advice about the limitation period. The Court held that the existence of a potential negligence claim against the former solicitors could not be assigned much weight where the Court lacked sufficient evidence to assess its prospects and where confining the plaintiff to such a claim would involve greater complexity and expense. On the evidence, the defendants' claims of specific prejudice from lost documents, inability to inspect relocated premises, and a deceased patient's file were found to be insufficiently established to preclude an acceptably fair trial.
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