In applications to extend limitation periods under the Limitation Act 1969 (NSW), a plaintiff who is aware of the defendant's acts and omissions and their stressful effects cannot rely on s 60I(1)(a)(iii) merely because they were unaware of the availability of a legal remedy. The ultimate onus of proving all issues, including absence of significant prejudice, rests on the applicant, though the respondent bears an evidentiary onus to adduce evidence of actual prejudice. Alleged prejudice from destruction of records is insufficient where the relevance of those records to the issues in dispute is speculative.
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