A fresh cause of action in nuisance accrues when fresh damage occurs from a continuing state of affairs, even where that state of affairs commenced outside the limitation period. A party seeking summary judgment on a limitation defence bears a heavy onus and cannot discharge it merely by identifying deficiencies in the opposing party's expert evidence at the interlocutory stage, particularly where that evidence has not been tested by cross-examination. Limitation questions in nuisance cases involving continuing damage are generally unsuitable for determination on summary judgment applications.
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