New South Wales Consolidated Acts

LIMITATION ACT 1969 - SECT 62A

62A Extension of 12 year long-stop limitation period

(1) A person claiming to have a cause of action to which Division 6 of Part 2 applies may apply to a court for the extension of the 12 year long-stop limitation period applicable to the cause of action under that Division.

(2) The court is to hear such of the persons likely to be affected by the application as it sees fit and may, if it decides that it is just and reasonable to do so, order the extension of the 12 year long-stop limitation period applicable to the cause of action for such period as the court determines, but not so as to extend that period beyond the period of 3 years after the date on which the cause of action is discoverable (within the meaning of Division 6 of Part 2) by the plaintiff.

(3) If a court orders the extension of the 12 year long-stop limitation period for a cause of action under this section, that limitation period is accordingly extended for the purposes of--

(a) an action brought by the applicant in that court on the cause of action that the applicant claims to have, and

(b) section 26 (1) (b) in relation to any associated action for contribution under section 5 (1) of the Law Reform (Miscellaneous Provisions) Act 1946 brought by the person against whom that cause of action lies.

(4) The court may, in an order under this section in relation to a cause of action arising under the Compensation to Relatives Act 1897 , 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.

(5) If a court excludes a beneficiary or class of beneficiaries from the operation of an order under this section, the beneficiary or beneficiaries are to be treated as not being entitled to damages in any action on a cause of action arising under the Compensation to Relatives Act 1897 brought as a consequence of the making of the order.