Former AFL player Ty Zantuck will be able to pursue his claim for damages against the Richmond Football Club after a Supreme Court justice granted his application for an extension of time.
Key points:
- Ty Zantuck wants damages from Richmond for the management of on-field concussions he suffered
- Zantuck also wants to sue Richmond over the management of his chronic back injury
- A Supreme Court justice found the delay in Zantuck lodging the claim understandable and reasonable
Ty Zantuck was diagnosed with suspected chronic traumatic encephalopathy — a fatal brain disease — in late 2021.
He wants damages from Richmond for the management of on-field concussions suffered while playing for the club between 2000 and 2004.
Zantuck also wants to sue Richmond over the management of his chronic back injury that left him in constant, severe pain.
There is a time limit for people to lodge personal injury claims, often no more than six years after the injury happened.
However, after an application from Zantuck’s lawyers, Associate Justice Mary-Jane Ierodiaconou on Tuesday ruled that the former AFL player would be given an extension of time to pursue his damages claims.
She found that, while the claims were made “significantly out of time”, the reason for the delay was understandable and reasonable.
The court was told Zantuck made attempts in 2006 and 2012 to lodge a claim for his back injury but was advised by lawyers that it would be a waste of time.
Zantuck was only diagnosed with his acquired brain injury in late 2021.
The Richmond Football Club will be given an opportunity to appeal the ruling.
AAP
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