Wright v Donatelli

The appeal in Wright v Donatelli was heard by the Full Court of the Supreme Court of South Australia, which allowed the appeal and set aside the order of the Special Magistrate refusing the plaintiff an extension of time to bring his action. The Full Court was of the opinion that the Special Magistrate had misconstrued the requirements of Section 48 of the Limitation of Actions Act 1936. The Full Court held that a plaintiff need only demonstrate that they became aware for the first time of a material fact within twelve months of instituting proceedings. The Full Court also held that the material fact need not bear upon the plaintiff's decision to sue. The Full Court found that the three facts which the plaintiff had relied upon were each material facts within the meaning of Section 48(3) of the Act, as explained in Sola Optical Australia Pty Ltd v Mills (1987) 163 CLR 628.