Recent Cases

Pomare v Whyte [2019] NSWCA 317 (20 December 2019) (Basten JA at [1]; Macfarlan JA at [63]; Emmett AJA at [69])


LIMITATION OF ACTIONS – Discoverability – Personal injury – Knowledge of fault of defendant – Whether “fault” for the purposes of Limitation Act 1969 (NSW), s 50D(1)(b) can be known without the assistance of legal advice in relation to what may constitute a breach of duty and what may amount to a causal link between the breach of duty and the injury – Knowledge of fact as opposed to “belief” of fact – Time to assess knowledge of fact.