Western Australian Current Acts

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LIMITATION ACT 2005 - SECT 50

50 .         Who is bound by confirmation

        (1)         For the purposes of this Act, a person ( person A ) is bound by a confirmation if —

            (a)         person A is a maker of the confirmation;

            (b)         person A is, in relation to the cause of action, a successor of a maker under a devolution from the maker occurring after the making of the confirmation;

            (c)         in the case where the maker is, at the time when the maker makes the confirmation, a personal representative of a deceased person (either solely or with other persons) — person A is, at or after that time, a personal representative of the deceased person;

            (d)         in the case where the maker is, at the time when the maker makes the confirmation, a trustee other than a personal representative of a deceased person (either solely or with other persons) — person A is, at or after that time, a trustee of the trust of which the maker is a trustee; or

            (e)         person A is bound under subsection (2).

        (2)         If a maker of a confirmation of a cause of action in relation to property is in possession of the property when the confirmation is made, the confirmation binds a person subsequently in possession of the property who claims through the maker of the confirmation.



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