Limitation of Actions Consultation - Law Commission

still under a disability to another person under a disability -
a further extension of time shall not be allowed by reason
of the disability of the second person;
(b) an action to recover land or money charged on land
shall not be brought by virtue of this section by a person
after the expiration of 30 years from the date on which the
right of action accrued to that person or a person through
whom the person claims;
(c) an action to recover damages in respect of personal
injury or damages in respect of injury resulting from the
death of any person shall not be brought by a person after
the expiration of 3 years from the date on which that
person ceased to be under a disability or died, whichever
event first occurred.
(3) This section does not apply -
(a) in a case where the right of action first accrued to a
person (not under a disability) through whom the person
under a disability claims;
(b) to an action to recover a penalty of forfeiture or sum by
way of a penalty or forfeiture by virtue of an enactment
save where the action is brought by an aggrieved party.
10.65 In some jurisdictions the legislation provides for the suspension of time in the case
of supervening disability. 184
The plaintiff in those jurisdictions having this provision
can take advantage of the remainder of the limitation period after the disability
ceases and some jurisdictions provide that the limitation period will expire three
years after the end of the disability if it would otherwise have ended sooner. 185
As
noted above 186
some jurisdictions have the equivalent of a 30 year long-stop
provision, which limits the extent to which disability can postpone or extend the
limitation period.
10.66 An acknowledgement or part payment by the defendant will also serve to postpone
the running of time in most Australian jurisdictions. In New South Wales, the
Australian Capital Territory and the Northern Territory, no distinction is drawn
between “acknowledgement” and “part payment”. These concepts are unified
under the term “confirmation”. 187
Moreover, “confirmation” is extended to all
184 New South Wales Limitation Act 1969, s 52(1)(d) and (2); South Australia Limitation of
Actions Act 1936, s 45(1); Northern Territory Limitation Act 1981, s 36(1)(d) and (2);
Australian Capital Territory Limitation Ordinance 1985, s 30(1)(d) and (2). In
Queensland, Tasmania and Victoria, no provision is made for supervening disability: see
Queensland Limitation of Actions Act 1974, s 29(1); Tasmania Limitation Act 1974, s
26(1); Victoria Limitation of Actions Act 1958, s 23(1).
185 New South Wales Limitation Act 1969, s 52(1)(e); Northern Territory Limitation Act
1981, s 36(1)(e).
186 See para 10.61 above.
187 New South Wales Limitation Act 1969, s 54; Australian Capital Territory Limitation
Ordinance 1985, s 32; Northern Territory Limitation Act 1981, s 41.
203