The case confirms that in limitation extension applications under s 60C of the Limitation Act 1969 (NSW), a plaintiff's statement of present understanding that proceedings should have been commenced earlier does not establish a deliberate decision to allow the limitation period to expire. A solicitor's unchallenged evidence that insufficient instructions existed to certify a viable cause of action provides an acceptable explanation for delay. In domestic violence cases, the victim's mental condition, lack of English, cultural isolation, fear of the perpetrator, and lack of funds are legitimate factors explaining delay. Awards of $150,000 general damages, $25,000 aggravated damages and $50,000 exemplary damages were upheld for sustained physical and sexual assaults over approximately 17 months.
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