NSWIn ForceAct
Limitation Act 1969
60IMatters to be considered by court
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#### 60I Matters to be considered by court
60I Matters to be considered by court
> > (1) A court may not make an order under section 60G or 60H unless it is satisfied that—
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> > > (a) the plaintiff—
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> > > > (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
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> > > (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).
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> > (2) Subsections (2), (3) and (4) of section 60E apply, with any necessary adaptations, in relation to applications for orders under this Subdivision.
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> **pt 3, div 3, sdiv 3 (ss 60F–60J):** Ins 1990 No 36, Sch 1 (9).