Section 52(1)(e) of the Limitation Act 1969 (NSW) does not operate to cap the limitation period at three years after a plaintiff ceases to be under a disability where the disability has been continuous from the accrual of the cause of action. In such cases, s 52(1)(d) suspends the running of the limitation period for the entire duration of the disability, and the full limitation period runs from the date the disability ceases. Section 52(1)(e) is directed to cases of intermittent disability where the plaintiff last ceases to be under a disability only shortly before the limitation period would otherwise expire.
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