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#40 – Date of discoverability and commencing proceedings – more than a state of mind?
In this week's podcast, Daniel Nastevski and Boris Necovski look at the 2019 NSW Supreme Court decision of Pomare v Hogan, which looks at the sections 50C and 50D(1)(b) of the Limitation Act 1969.
They delve into the importance of identifiable facts and documentary evidence pertaining the Plaintiff's state of mind, in order to discharge a Defendant's duty to prove what a Plaintiff knew or ought to have known regarding a Defendant's fault prior to the date of discoverability.
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By McCabesIn this week's podcast, Daniel Nastevski and Boris Necovski look at the 2019 NSW Supreme Court decision of Pomare v Hogan, which looks at the sections 50C and 50D(1)(b) of the Limitation Act 1969.
They delve into the importance of identifiable facts and documentary evidence pertaining the Plaintiff's state of mind, in order to discharge a Defendant's duty to prove what a Plaintiff knew or ought to have known regarding a Defendant's fault prior to the date of discoverability.