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Time limits

A collection and application of the principles governing s. 50D of the Limitation Act, 1969

By robertsheldon / October 14, 2019 / Comments Off on A collection and application of the principles governing s. 50D of the Limitation Act, 1969

In the present case the plaintiff was injured by a collision between a road train and a bull which had not been contained on the property to which it belonged. The plaintiff believed, prior to 15 April 2014, that the reason the bull was on the road was that the second defendant had left the gate open or that it had come open. The evidence reveals that the plaintiff understood that the second defendant had admitted as much to the police and when interviewed by the ABC. His belief, which is contained in a statutory declaration made by him in support of his motor accident claim, is sufficient to establish that he knew this to be the case for the purposes of s 50D of the Act.

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Professional liability, limitation periods and summary dismissal

By robert / December 5, 2017 / Comments Off on Professional liability, limitation periods and summary dismissal

(1)   The respondent’s causes of action accrued once the impact of the settlement of the first WC claim became “known or apparent”. According to his pleaded and particularised case, that occurred on or around the date of his knee surgery in November 2007, at which time he suffered measurable damage for the purposes of both his…

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