Horne v J K Williams Contracting Pty Ltd

[2023] NSWCA 58

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Negligence
3. › Duty of care
4. › Breach of duty
5. › Construction site
6. › Barricades placed on unmade verge of roadway
7. › Cyclist collided with barricade at night
8. › Street light not under control of builder
9. › Whether builder should have known light malfunctioning
10. › Whether duty of builder to illuminate barricade or place warning signs
11. › Civil Liability Act 2002 (NSW), s 5B
1. Limitation of Actions
2. › Personal injury
3. › Date cause of action discoverable
4. › When plaintiff knew injury caused by fault of defendant
5. › When plaintiff knew injury sufficiently serious to justify bringing proceedings
6. › Actual knowledge established more than three years prior to commencement of proceedings
7. › Whether trial judge erred in relying on principles relevant to constructive knowledge
8. › Limitation Act 1969 (NSW), ss 50C, 50D

Quick Take

Where a plaintiff has actual knowledge of the three s 50D(1) facts, the discoverability date is fixed at that point regardless of whether the plaintiff has instructed solicitors and regardless of the solicitors' progress in investigating or commencing proceedings.