Commencing Personal Injury Proceedings: Is It Too Late?

If the reasoning adopted by the New South Wales Court of Appeal in a recent appeal is to be used as a guide, then the limitation period in which a personal injury plaintiff is required to commence proceedings may not begin to run until after expert reports are obtained, even if this is in excess of three years from the date the cause of action arose.

This judgement is believed to be the first Court of Appeal decision and indeed the first decision delivered by a bench comprising more than one judge in respect of the interpretation of section 50D of the Limitation Act 1969 (NSW) (the Act), since its commencement on 6 December 2002.

A minor sustained injuries when her fingers were caught in the automatic sliding doors at the Gosford Police Station on 26 May 2004. Of relevance, the minor (by and with her tutor – the plaintiff) consulted solicitors on 1 June 2004, who wrote to the Gosford Police seeking a view of the sliding doors and its surroundings. The view