Where money is deposited into a solicitor's trust account by telegraphic transfer and the solicitor fails to issue a receipt or account for the funds, the threshold requirements for extension of time under s 44(3)(b)(i) of the Limitation Act 1981 (NT) may be satisfied where facts material to the plaintiff's case (including quantum and dates of withdrawals) were first ascertained within 12 months before the limitation period expired. The court left open whether a solicitor's failure to issue a receipt, without more, constitutes fraudulent concealment under s 42 of the Limitation Act.
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