Murgolo v AAI Ltd t/as AAMI [2019] NSWCA 295 (05 December 2019) (Basten JA at [1]; Macfarlan JA at [71]; Leeming JA at [74])


Catchwords:


CIVIL PROCEDURE – summary disposal – defence based on limitation period – issues of fact or law to be determined – suitability for summary determination

LIMITATION OF ACTIONS – limitation period for personal injury actions – when cause of action is “discoverable” – when the plaintiff “knows” that the injury was “caused by the fault of the defendant” –sufficiency of knowledge based on incomplete information – Limitation Act 1969 (NSW), ss 50C and 50D

WORDS AND PHRASES – “discoverable” – “knows” – “fact”