Murgolo v AAI Ltd t/as AAMI [2019] NSWCA 295

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Murgolo v AAI Ltd t/as AAMI [2019] NSWCA 295 Hearing dates: 20 November 2019 Date of orders: 05 December 2019 Decision date: 05 December 2019 Before: Basten JA at [1]; Macfarlan JA at [71]; Leeming JA at [74] Decision: (1) Allow the appeal and set aside order (1) made on 18 April 2019 and order (2) made on that date as varied on 15 November 2019.

(2) In place thereof, order that: (a) the notice of motion filed by AAI Ltd on 23 October 2018 be dismissed, and (b) AAI Ltd pay Mr Murgolo's costs of the motion.

(3) Order that the respondent pay the appellant's costs of the proceedings in this Court. Catchwords: CIVIL PROCEDURE – summary disposal – defence based on limitation period – issues of fact or law to be determined – suitability for summary determination

LIMITATION OF ACTIONS – limitation period for personal injury actions – when cause of action is "discoverable" – when the plaintiff "knows" that the injury was "caused by the fault of the defendant" –sufficiency of knowledge based on incomplete information – Limitation Act 1969 (NSW), ss 50C and 50D

WORDS AND PHRASES – "discoverable" – "knows" – "fact" Legislation Cited: Corporations Act 2001 (Cth), ss 153, 471B, 500 Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 6 Legal Profession Act 2004 (NSW), s 347 Legal Profession Act 2004 (NSW), s 347 Legal Profession Uniform Law Application Act 2014 (NSW), Sch 2 cl 2 Limitation Act 1969 (NSW), ss 18A, 50C, 50D, 57B, 58, 60C, 60E; Pt 2, Div 6 Supreme Court Act 1970 (NSW), s 101 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 313, 314