The need to gather further evidential material (such as medical reports or prognosis) before commencing proceedings does not prevent a cause of action from being 'discoverable' under s 50D(1)(c) of the Limitation Act 1969 (NSW), so long as the seriousness of the injury could reasonably have been assessed within the relevant period. Knowledge of impairment of earning capacity, likelihood of further surgery, and development of further symptoms is sufficient to satisfy the discoverability requirement. The question whether incorrect professional advice can prevent discoverability was left open.
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