Section 60I — Limitation Act 1969 (NSW)

(1) A court may not make an order under section 60G or 60H unless it is satisfied that—
(a) the plaintiff—
(i) did not know that personal injury had been suffered, or
(ii) was unaware of the nature or extent of personal injury suffered, or
(iii) was unaware of the connection between the personal injury and the defendant’s act or omission,
at the expiration of the relevant limitation period or at a time before that expiration when proceedings might reasonably have been instituted, and
(b) the application is made within 3 years after the plaintiff became aware (or ought to have become aware) of all 3 matters listed in paragraph (a) (i)–(iii).
(2) Subsections (2), (3) and (4) of section 60E apply, with any necessary adaptations, in relation to applications for orders under this Subdivision.

Related sections

• s 60F — Purpose of this Subdivision
• s 60G — Ordinary action (including surviving action)
• s 60H — Compensation to relatives
• s 60J — Operation of this Subdivision
• s 60K — Effect of order
• s 60L — Costs

Research how courts apply s 60I

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.