An applicant for leave under s.135A(4)(b) of the Accident Compensation Act 1985 must establish that the injury arose during the relevant statutory period as a threshold question, and a primary judge must address this question before considering the limitation provisions of s.135AC. The requirements of s.135A(4)(b) (cause of action arising before 12 November 1997) and s.135AC(b) (incapacity not known until after that date) are distinct and must not be conflated.
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