Baggs v University of Sydney Union

[2013] NSWCA 451

NSW Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Personal injury
3. › Discoverability
4. › Date cause of action discoverable
5. › Knowledge of fault of defendant
6. › Whether plaintiff knew identity of defendant as separate legal entity
7. › Whether knowledge that injury caused by fault of 'the defendant'
8. › Limitation Act 1969 (NSW), ss 50C, 50D
1. Limitation of Actions
2. › Personal injury
3. › Discoverability
4. › Constructive knowledge
5. › Whether plaintiff ought to have known identity of correct defendant
6. › Whether all reasonable steps taken to ascertain relevant facts
7. › Limitation Act 1969 (NSW), ss 50D(1)(b), 50D(2)
1. Negligence
2. › Occupier's liability
3. › Identity of occupier
4. › Whether plaintiff knew building occupied by entity separate from employer
5. › Whether knowledge of occupier's identity necessary to discoverability of cause of action

Quick Take

For a cause of action to be 'discoverable' under s 50D(1)(b) of the Limitation Act 1969 (NSW), the plaintiff must know (or ought to know) the identity of the defendant as a separate legal entity responsible for the injury; a belief that the defendant is part of another entity (such as an employer) does not constitute knowledge that the injury was caused by the fault of 'the defendant'. A plaintiff who has received legal advice identifying a different entity as responsible, and has no reason to doubt that advice, has not failed to take 'all reasonable steps' to ascertain the correct defendant under s 50D(2).