When determining whether notice of proposed action against the Crown was given 'as soon as practicable' under s 6(1) of the Crown Suits Act 1947 (WA) or s 47A(1) of the Limitation Act 1935 (WA), only circumstances that impact on the prospective plaintiff's ability to give the notice are relevant. A deliberate decision to delay notice for strategic or political reasons — such as not wishing to disturb ongoing negotiations with the Government — is not a relevant circumstance and will not excuse delay. Where the facts are undisputed and demonstrate that the plaintiff was able to give notice at an earlier date, the question of compliance is suitable for summary determination.
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