When is the deadline for limitation period: personal injury, 3 year post-discoverability period?
The catalogue records a 3 years period from The date on which the cause of action is discoverable by the plaintiff (Limitation Act 1969 (NSW) s 50D). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 3 years
- Trigger
- The date on which the cause of action is discoverable by the plaintiff (Limitation Act 1969 (NSW) s 50D)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- The 3 year post-discoverability period is not itself generally extendable. s 50E provides a special discoverability rule for minors injured by a parent, guardian or close associate of a parent or guardian. s 62A confers a power to extend the 12 year long-stop only. Not computed.
- DISCOVERABILITY trigger, not accrual. COUNTING NOTE: this is one of the few New South Wales periods expressly counted with the first day INCLUDED. The words are "running from and including the date on which the cause of action is discoverable", which displaces the ordinary exclusive reckoning in Interpretation Act 1987 (NSW) s 36(1). Discoverability is defined in s 50D(1) as the first date the person knows or ought to know that the injury or death occurred, that it was caused by the fault of the defendant, and, in the case of injury, that the injury was sufficiently serious to justify bringing an action. Corrected on verification: the researched entry said Div 6 applies to personal injury causes of action "arising on or after 6 December 2002". s 50A(2) in fact applies the Division only to causes of action where THE ACT OR OMISSION alleged to have resulted in the injury or death occurs on or after the commencement of the Division as inserted by the Civil Liability Amendment (Personal Responsibility) Act 2002. s 50A(3) also excludes claims under the Motor Accidents Compensation Act 1999 (NSW) and the Motor Accident Injuries Act 2017 (NSW) entirely, which the researched entry did not record. Child abuse actions are exempt from any limitation period under s 6A.