For the purposes of s 60I(1)(a) of the Limitation Act 1969 (NSW), a plaintiff who is aware of mental symptoms but unaware that those symptoms constitute a recognisable psychiatric illness does not 'know that personal injury had been suffered'. The constructive knowledge test under s 60I(1)(b) requires consideration of whether the plaintiff ought to have sought professional diagnosis, but the majority held that the normative standard does not require a plaintiff who does not know he is ill to seek medical help. The dissent (Basten JA) provides a significant alternative analysis of the constructive knowledge standard and prejudice assessment that may be influential in future cases.
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