New South Wales Consolidated Acts

LIMITATION ACT 1969 - SECT 60D

60D Compensation to relatives

(1) This section applies to--

(a) a cause of action for damages arising under the Compensation to Relatives Act 1897 by virtue of the death of a person caused by a wrongful act, neglect or default, and

(b) such a cause of action that would arise under the Compensation to Relatives Act 1897 but for the expiration as against the deceased of a limitation period.

(2) If an application is made to a court by a person claiming to have a cause of action to which this section applies, the court, after hearing such of the persons likely to be affected by the application as it sees fit, may, if it decides that it is just and reasonable to do so, order--

(a) that a limitation period for the cause of action of the deceased for the wrongful act, neglect or default in relation to the cause of action that the applicant claims to have be extended for such period, not exceeding 5 years, as it determines, or

(b) that a limitation period for the cause of action that the applicant claims to have be extended for such period, not exceeding 5 years, as it determines,

or both.

(3) The court may, in an order under this section, exclude any beneficiary or class of beneficiaries from the operation of the order, if it decides that it is just and reasonable to do so.