The Court granted a third extension of the validity of a writ for service (12 months) where the plaintiff's silicosis diagnosis remained uncertain and the treating physician was unable to definitively confirm the condition, with further imaging scheduled 24 months hence. The delay in service was held not unreasonable in circumstances where the plaintiff was awaiting stabilisation of symptoms and further medical evidence, notwithstanding that the limitation period had expired. The Court confirmed that the introduction of the provisional damages regime under the Civil Liability Amendment (Provisional Damages for Dust Diseases) Act 2024 (WA) did not weigh against extension in the circumstances.
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