50DDate cause of action is discoverable

#### 50D Date cause of action is discoverable 50D Date cause of action is discoverable > > (1) For the purposes of this Division, a cause of action is discoverable by a person on the first date that the person knows or ought to know of each of the following facts— > > > > > (a) the fact that the injury or death concerned has occurred, > > > > > (b) the fact that the injury or death was caused by the fault of the defendant, > > > > > (c) in the case of injury, the fact that the injury was sufficiently serious to justify the bringing of an action on the cause of action. > > > (2) A person ought to know of a fact at a particular time if the fact would have been ascertained by the person had the person taken all reasonable steps before that time to ascertain the fact. > > > (3) In determining what a person knows or ought to have known, a court may have regard to the conduct and statements, oral or in writing, of the person. > > > (4) To remove doubt, a compensation to relatives action is not discoverable before the date of death of the deceased. > > **s 50D:** Ins 2002 No 92, Sch 4.6 \[5\].