New South Wales Consolidated Acts
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LIMITATION ACT 1969 - SECT 50D
Date cause of action is discoverable
(1) For the purposes of this Division, a cause of action is
"discoverable" by a person on the first date that the person knows or
ought to know of each of the following facts:
(a) the fact that the injury or
death concerned has occurred,
(b) the fact that the injury or death was
caused by the fault of the defendant,
(c) in the case of injury, the fact
that the injury was sufficiently serious to justify the bringing of an action
on the cause of action.
(2) A person
"ought to know" of a fact at a particular time if the fact would have been
ascertained by the person had the person taken all reasonable steps before
that time to ascertain the fact.
(3) In determining what a person knows or
ought to have known, a court may have regard to the conduct and statements,
oral or in writing, of the person.
(4) To remove doubt, a compensation to
relatives action is not discoverable before the date of death of the deceased.
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