Legal advice received by a plaintiff that a cause of action exists against a proposed new defendant does not constitute 'facts material to the plaintiff's case' under s 44(3)(b)(i) of the Limitation Act 1981 (NT). The section requires a nexus between the material fact discovered and the decision to sue out of time; the fact must be relevant to the outcome of the litigation in a material and real sense, not merely to the question of recovery following adjudication. The court declined to follow the broader South Australian interpretation in [name withheld] v Sola Optical that any fact material to proof at trial suffices.
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