Limitation periods PDF

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Limitation periods...

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Limitation periods – Limitation Act 1969 (NSW)  Rational for imposing limitation periods - Brisbane South Regional Health Authority v Taylor

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Cause of Action

Period

Contract

s 14(1)(a): 6 years from the date on which the cause of action accrues to the plaintiff (i.e. the date of breach)

Tort general

s 14(1)(b): 6 years from the date on which the cause of action accrues to the plaintiff

Defamation

s 14B: 1 year from the date of publication of the matter complained of

Recovery of Land

s 27(2): 12 years from the date on which the cause of action accrues to the plaintiff

Breach of Trust

s 48: 6 years from the date on which the cause of action accrues to the plaintiff

Personal Injury (after 05122002)

3 years from the date on which the cause of action is discoverable by the P, or 12 years from the act or omission alleged to have resulted in the injury, whichever is the first to expire s 50C for claims on or after Dec. 6, 2002 See s 18A for claims prior to Dec. 6, 2002

s 50C Limitation period for personal injury actions o 3y post discoverability limitation period (including the date on which the cause of action is discoverable by the plaintiff) o 12y long-stop limitation period (the time of the act or omission alleged to have resulted in the injury or death) s 50D Date cause of action is discoverable o The fact that the injury has occurred/was caused by the fault of the defendant/sufficiently serious to justify the bringing of an action on the cause of action o ought to know: if the fact would have been ascertained by the person had the person taken all reasonable steps before that time to ascertain the fact s 52: The limitation period can be suspended or postponed where the plaintiff is under a disability o Disability: s 11(3) Making enquiries of a solicitor can be a good indication of when the plaintiff discovered the connection between the injury and the cause – Baker-Morrison v State of NSW...