The date from which the three-year period in s 60I(1)(b) of the Limitation Act 1969 (NSW) runs is the date of awareness of the factual matters in s 60I(1)(a)(i)-(iii) — namely, awareness of personal injury, its nature or extent, and its connection with the defendant's acts — not the date on which the plaintiff first received legal advice about the existence of the limitation period. Where a plaintiff's awareness of the nature and extent of psychological injury develops incrementally, the three-year period does not commence until the plaintiff becomes aware (or ought to become aware) of all significant elements of the personal injury and their connection with the defendant's acts.
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