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ARTICLE · 16 AUGUST 2009

Sections 50C And 50D Limitation Act 1969 – When Is A Cause Of Action Discoverable

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For the purposes of s 50C of the Limitation Act 1969 proceedings in respect of a cause of action must be commenced within 3 years of the date on which the cause of action was "discoverable".

AustraliaInsurance
Nicholas Gordon
Nicholas Gordon

Judgment date: 3 August 20091
Frizelle v Bauer [2009] NSWCA 239

In Brief

  • For the purposes of s 50C of the Limitation Act 1969 proceedings in respect of a cause of action must be commenced within 3 years of the date on which the cause of action was "discoverable".
  • A cause of action will held to be "discoverable" in circumstances where the plaintiff has been given advice that their claim has reasonable prospects of success and where the plaintiff appreciates the fact that their injuries were sufficiently serious to justify bringing a cause of action, even when future treatment in respect of an injury is anticipated.

Background and Circumstances

On 2 July 2003 the plaintiff fractured her left kneecap when she fell at rented premises. At the time of the fall the plaintiff was attempting to negotiate a staircase which did not have a handrail on either side. She underwent a knee reconstruction shortly after her accident at the Royal Prince Alfred

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