New South Wales Consolidated Acts

LIMITATION ACT 1969 - SECT 62B

62B Matters to be considered in determining application for extension of 12 year long-stop limitation period

(1) In exercising the powers conferred on it by section 62A, a court is to have regard to all the circumstances of the case, and (without affecting the generality of the foregoing), the court is, to the extent that they are relevant to the circumstances of the case, to have regard to the following--

(a) the length of and reasons for the delay,

(b) the extent to which, having regard to the delay, there is or may be prejudice to the defendant by reason that evidence that would have been available if the proceedings had been commenced within the limitation period is no longer available,

(c) the nature and extent of the plaintiff's injury or loss,

(d) any conduct of the defendant that induced the plaintiff to delay bringing the action,

(e) the steps (if any) taken by the plaintiff to obtain medical, legal or other expert advice and the nature of any such advice the plaintiff may have received,

(f) the time when the cause of action was discoverable (within the meaning of Division 6 of Part 2) by the plaintiff.

(2) In the application of this section in respect of a cause of action that has survived on the death of a person for the benefit of the person's estate under section 2 of the Law Reform (Miscellaneous Provisions) Act 1944 , references in subsection (1) to the plaintiff include references to the deceased and the applicant, or any of them, as appropriate in the circumstances.

(3) In the application of this section in respect of a cause of action arising under the Compensation to Relatives Act 1897 , references in subsection (1) to the plaintiff include references to the deceased, the personal representative of the deceased, and the beneficiaries, or any of them, as appropriate in the circumstances.