When is the deadline for limitation: personal injury action, discoverability period where the person was under a disability?
The catalogue records a 6 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
- 6 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
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Court extension under s 27K(2). Suspension for legal incapacity under s 27J(2).
- Applies where the injured person was under a disability at the date of the act or omission (s 27E(1)). Both this and the 12-year long-stop must be computed and the earlier taken.