A finding of 'disability' under s 52 of the Limitation Act 1969 (NSW) in domestic violence cases requires expert psychiatric evidence that is grounded in the facts as established by the evidence, not merely the subjective account of the claimant. Where expert opinions conflict, the trial judge must engage with the competing opinions through reasoned analysis, not merely state a preference. An unwillingness to end a relationship or take steps that would end it, even where motivated by emotional attachment, does not of itself constitute being 'substantially impeded' in the management of affairs by reason of mental impairment. Damages for assault and battery in a domestic context must be assessed by reference to the specific tortious acts, not the conduct of the relationship as a whole, and claims for economic loss require evidence both of lost capacity caused by the specific torts and of a desire to work that was frustrated by that incapacity.
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