Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18:

1. A Statement of Claim was filed in this matter on 21 December 2023 by the plaintiff, Mr Nicholas Martin. The claim alleges medical negligence and trespass against the defendant, Mr Roland von Marburg, in relation to a consultation that took place between the parties on 16 April 2003 and in relation to surgery performed upon Mr Martin by Mr von Marburg on 13 May 2003. Mr von Marburg has retired and is no longer a registered medical practitioner, but, at all relevant times in relation to these proceedings, he was an ear, nose and throat surgeon.

2. In his Statement of Claim, Mr Martin sets out the following "injuries and disabilities" which, he claims, have arisen from Mr von Marburg's alleged breach of his duty of care to Mr Martin:

a) Damage to the left inner and middle ear;

b) Creation of a fistula;

c) Ongoing aural fullness

d) Irreversible vestibular injury

e) Ongoing vestibular symptoms of:

f) Vestibular migraine

g) Severe dizziness

h) Severe overbalancing

i) Permanently affected balance

j) Left sided sensorineural hearing loss

k) Failure of cochlear implant

l) Systemic complications of high dose steroid use

m) Impact on work, social activity and domestic responsibilities

n) Depression and psychological injury.

3. Mr Martin claims damages.

4. The proceedings have been commenced more than twenty years after the consultation and the surgery.

5. In his Defence, Mr von Marburg pleads that the claim is statute barred pursuant to s 50C(1)(b) of the Limitation Act 1969 (NSW) ('the Act').

6. On 6 March 2025, Mr Martin filed a Notice of Motion seeking "leave nunc pro tunc to commence proceedings against the Defendant pursuant to s 62(A) Limitations Act 1969".

7. At the hearing of the Notice of Motion, Mr Martin relied upon four affidavits:

* an affidavit of Ms Melinda Griffiths, sworn on 12 March 2025,

* his own affidavit sworn on 31 March 2025,

* an affidavit of Ms Naomi Martin, the plaintiff's wife, sworn on 31 March 2025,

* an affidavit of Mr Geoffrey David Allen affirmed on 3 June 2025 and served on 4 June 2025.

8. Both Mr and Ms Martin were cross-examined at the hearing of the Notice of Motion.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1980bf58d44713ca08aa96e1)

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