New South Wales Consolidated Acts

LIMITATION ACT 1969 - SECT 50C

50C Limitation period for personal injury actions

(1) An action on a cause of action to which this Division applies is not maintainable if brought after the expiration of a limitation period of whichever of the following periods is the first to expire--

(a) the
"3 year post discoverability limitation period" , which is the period of 3 years running from and including the date on which the cause of action is discoverable by the plaintiff,

(b) the
"12 year long-stop limitation period" , which is the period of 12 years running from the time of the act or omission alleged to have resulted in the injury or death with which the claim is concerned.

Note--: The 12 year long-stop limitation period can be extended by a court under Division 4 of Part 3.

(2) For the purposes of the application of the 3 year post discoverability limitation period to a survivor action, the cause of action is taken to be discoverable by the plaintiff at whichever is the earliest of the following times--

(a) the date on which the cause of action is discoverable by the deceased if the cause of action is discoverable by the deceased more than 3 years before the death of the deceased,

(b) the appointment of the plaintiff as the deceased's personal representative if the cause of action is discoverable by the plaintiff at or before the time of that appointment,

(c) the date on which the cause of action is discoverable by the plaintiff if the cause of action is discoverable by the plaintiff after the appointment of the plaintiff as the deceased's personal representative.

(3) For the purposes of a compensation to relatives action, the 12 year long-stop limitation period runs from the death of the deceased.