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LIMITATION ACT 1969 - SECT 57B
Interpretation
57B Interpretation
(1) For the purposes of this Subdivision-- (b) the material facts relating to
a cause of action include the following-- (i) the fact of the occurrence of
negligence nuisance or breach of duty on which the cause of action is founded,
(ii) the identity of the person against whom the cause of action lies,
(iii)
the fact that the negligence nuisance or breach of duty causes
personal injury,
(iv) the nature and extent of the personal injury so caused,
and
(v) the extent to which the personal injury is caused by the negligence
nuisance or breach of duty,
(c) material facts relating to a cause of action
are of a decisive character if, but only if, a reasonable person, knowing
those facts and having taken the appropriate advice on those facts, would
regard those facts as showing-- (i) that an action on the cause of action
would (apart from the effect of the expiration of a limitation period) have a
reasonable prospect of success and of resulting in an award of damages
sufficient to justify the bringing of an action on the cause of action, and
(ii) that the person whose means of knowledge is in question ought, in the
person's own interests, and taking the person's circumstances into account, to
bring an action on the cause of action,
(d)
"appropriate advice" , in relation to facts, means the advice of competent
persons, qualified in their respective fields to advise on the medical legal
and other aspects of the facts, as the case may require,
(e) a fact is not
within the means of knowledge of a person at a particular time if, but only
if-- (i) the person does not, at that time, know the fact, and
(ii) in so far
as the fact is capable of being ascertained by the person, the person has,
before that time, taken all reasonable steps to ascertain the fact, and
(f)
"limitation period" means a limitation period fixed by an enactment repealed
or omitted by this Act or fixed by or under this Act.
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