A person who is aware of all the symptoms of a condition and there is no evidence the condition will deteriorate is aware of the 'extent' of personal injury for the purposes of s 60I(1)(a)(ii) of the Limitation Act 1969 (NSW), even if unaware of the medical diagnosis or label for the condition. The mere fact that a medical practitioner later attaches a diagnostic label (such as PTSD) to symptoms already known does not restart the 3-year period under s 60I(1)(b). Furthermore, what the applicant knew or ought to have known about the nature and extent of injury is a relevant and important consideration in the exercise of the s 60G(2) discretion, even where the defendant does not assert prejudice.
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