When is the deadline for limitation: personal injury action, discoverability period under part iia?
The catalogue records a 3 years period from The date on which the cause of action is discoverable by the plaintiff (s 27F). 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 (s 27F)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
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This route remains in preparation until a pinpoint official source is recorded.
- Court extension under s 27K(2) where it is just and reasonable, having regard to the matters in s 27L. Running is suspended for the duration of a legal incapacity (s 27J(2)).
- Whichever of the 3-year discoverability period and the 12-year long-stop expires first governs, so both must be computed and the earlier taken. A cause of action is discoverable on the first date the person knows or ought to have known that the death or injury occurred, that it was caused by the fault of the defendant and, for personal injury, that the injury was sufficiently serious to justify bringing an action (s 27F(1)).