Best v Rosamond [2020] NSWCA 90

Best v Rosamond [2020] NSWCA 90

The appellant's action was statute barred as he ought to have known, prior to 17 August 2015, that his injury was sufficiently serious to justify litigation, based on the medical treatment received, the police statement, and reasonable steps not taken to obtain legal advice; therefore, the cause of action was discoverable prior to the critical date.

Jurisdiction
Australia
Judgment Date
12 May 2020
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['discoverability' 'statute of Limitations' 'knowledge of Seriousness' 'procedural Requirements']
['limitation of Actions' 'personal Injury'] ['discoverability' 'statute of Limitations' 'knowledge of Seriousness' 'procedural Requirements']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the appellant's cause of action was discoverable within the meaning of ss 50C and 50D of the Limitation Act 1969 (NSW) before 17 August 2015" 'Whether the injury was sufficiently serious to justify the bringing of an action for assault']

Ratio Decidendi

The appellant's action was statute barred as he ought to have known, prior to 17 August 2015, that his injury was sufficiently serious to justify litigation, based on the medical treatment received, the police statement, and reasonable steps not taken to obtain legal advice; therefore, the cause of action was discoverable prior to the critical date.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed' 'Appellant to pay the costs of the respondent']