57BInterpretation

#### 57B Interpretation 57B Interpretation > > (1) For the purposes of this Subdivision— > > > > > (a) (Repealed) > > > > > (b) the material facts relating to a cause of action include the following— > > > > > > > (i) the fact of the occurrence of negligence nuisance or breach of duty on which the cause of action is founded, > > > > > > > (ii) the identity of the person against whom the cause of action lies, > > > > > > > (iii) the fact that the negligence nuisance or breach of duty causes personal injury, > > > > > > > (iv) the nature and extent of the personal injury so caused, and > > > > > > > (v) the extent to which the personal injury is caused by the negligence nuisance or breach of duty, > > > > > (c) material facts relating to a cause of action are of a decisive character if, but only if, a reasonable person, knowing those facts and having taken the appropriate advice on those facts, would regard those facts as showing— > > > > > > > (i) that an action on the cause of action would (apart from the effect of the expiration of a limitation period) have a reasonable prospect of success and of resulting in an award of damages sufficient to justify the bringing of an action on the cause of action, and > > > > > > > (ii) that the person whose means of knowledge is in question ought, in the person’s own interests, and taking the person’s circumstances into account, to bring an action on the cause of action, > > > > > (d) appropriate advice, in relation to facts, means the advice of competent persons, qualified in their respective fields to advise on the medical legal and other aspects of the facts, as the case may require, > > > > > (e) a fact is not within the means of knowledge of a person at a particular time if, but only if— > > > > > > > (i) the person does not, at that time, know the fact, and > > > > > > > (ii) in so far as the fact is capable of being ascertained by the person, the person has, before that time, taken all reasonable steps to ascertain the fact, and > > > > > (f) limitation period means a limitation period fixed by an enactment repealed or omitted by this Act or fixed by or under this Act. > > > (2) (Repealed) > > **s 57B (formerly s 57):** Renumbered 1990 No 36, Sch 1 (7). Am 1990 No 36, Sch 1 (8).