Articles
Limitation Act developments
The insurance industry and the legal profession have been awaiting an authoritative determination from the Court of Appeal of New South Wales, on the parameters of the new regime that applies to causes of action for personal injury or death, accruing on or after 6 December 2002. That decision has now arrived in the form of Baker Morrison v State of New South Wales [2009] NSWCA 35. The result is somewhat surprising, and will generally be of little comfort to defendants and insurers.
Significant cases, legislation or articles referred to
- Baker-Morrison v State of New South Wales [2009] NSWCA 35
- Section 50C Limitation Act (NSW) 1969
- Section 50D Limitation Act (NSW) 1969
- Civil Liability Amendment (Personal Responsibility) Act 2002 (NSW)