For a cause of action to be 'discoverable' under s 50D(1)(b) of the Limitation Act 1969 (NSW), a plaintiff must know or ought to know the key factors necessary to establish legal liability, including that the defendant's conduct was legally actionable. Mere knowledge that the defendant's act or omission caused the injury is insufficient. Where a plaintiff receives legal advice that no actionable claim exists, the cause of action is not discoverable until the plaintiff receives advice (or ought to have received advice) that the defendant is legally liable. The Victorian approach in Spandideas v Vellar, equating 'fault' with moral blameworthiness, does not represent the law in NSW.
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