AustLII Tasmanian Consolidated Acts

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LIMITATION ACT 1974 - SECT 26

PART III - Extension of Limitation Periods Division 1 - Disability Extension of limitation period in case of disability, other than in case of personal injury

(1)  Subject to this section, if on the date when any right of action accrued for which a period of limitation is prescribed by this Act the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of 6 years, or in the case of any action for which a less number of years is prescribed by this Act as the period of limitation then such less number of years, from the date when the person ceased to be under a disability or died whichever event first occurred notwithstanding that the period of limitation has expired.
(1A)  This section does not apply to a cause of action to which section 5A or 5B applies.
(2)  Subsection (1) does not affect any case where the right of action first accrued to some person (not under a disability) through whom the person under a disability claims.
(3)  When a right of action that has accrued to a person under a disability accrues, on the death of that person while still under a disability, to another person under a disability, no further extension of time shall be allowed by reason of the disability of the second person.
(4)  No action to recover land or money charged on land shall be brought by virtue of subsection (1) by any person after the expiration of 30 years from the date on which the right of action accrued to that person or some person through whom he claims.
(5)  Subsection (1) does not apply to an action to recover a penalty or forfeiture, or sum by way thereof, by virtue of any enactment, except where the action is brought by an aggrieved party.
(6)  .  .  .  .  .  .  .  .  
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(8)  .  .  .  .  .  .  .  .  
(9)  .  .  .  .  .  .  .  .  



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