Under s 48(3)(b)(i) of the Limitation of Actions Act 1936 (SA), a plaintiff seeking an extension of time need not show that the material fact ascertained bore upon the decision to sue. It is sufficient that the fact is relevant to the issues to be proved and of sufficient importance to be likely to have a bearing on the case. The earlier Full Court decision in [name withheld] v South Australian Meat Corporation, to the extent it required a connection between the material fact and the decision to sue, should not be followed. The threshold for establishing a material fact is very low; the safeguard against contrivance lies in the residual discretion, not in narrowing the definition of material fact.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.