The concept of 'connection' in s 60I(1)(a)(iii) of the Limitation Act 1969 (NSW) involves an element of causal relationship of the common sense kind. The normative test under s 60I(1)(b) is a separate and distinct inquiry from subjective awareness, requiring consideration of whether the plaintiff ought to have sought medical advice that would have revealed the relevant facts. An apparent weakness in the plaintiff's case is a factor tending against an extension of time, not a factor off-setting unfairness to the defendant. The defendant's inability to investigate the plaintiff's assertions due to the lapse of time constitutes actual prejudice even where the defendant can point to inconsistencies in the plaintiff's evidence.
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