For limitation purposes in building defect cases, the relevant knowledge that triggers the running of time is knowledge of the physical defect in the structure (e.g., that windows are not watertight), not knowledge of the cause of the defect (e.g., faulty design) or the identity of the responsible party. A party sued unsuccessfully on a particular head of damage is not liable for contribution under s 5 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) in respect of that damage, even where it has been found liable on other heads of damage in the same proceedings.
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