A former AFL player 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.
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.
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Zantuck also wants to sue Richmond over the management of his chronic back injury that left him in constant severe pain.
There is time limit for people to lodge personal injury claims, often no more than six years after the injury happened.
But 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 the damages claims.
She found 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 he 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.
The club declined to comment when contacted by AAP on Tuesday.
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