(1) An action on a
previously barred cause of action may be commenced even though one or more of
the following apply —
(a) the
action was statute barred before commencement day;
(b) an
action on the cause of action had commenced but was discontinued or not
finalised before commencement day;
(c) a
judgment was given before commencement day in relation to the cause of action
on the ground that the action was statute barred;
(d) an
action on the cause of action was dismissed before commencement day on the
ground that the action was statute barred.
(2) Application may be
made to a court with jurisdiction to deal with the action to set aside a
judgment referred to in subsection (1)(c) or (d) (the previous judgment ). An
application may be made prior to the commencement of the action.
(3) The court may, if
satisfied that it is just and reasonable to do so, set aside the previous
judgment to the extent to which it relates to the action.
(4) If the previous
judgment is wholly or partly set aside, a person who paid an amount under the
judgment cannot seek to recover that amount on the basis of the judgment
having been set aside to that extent.
(5) If an action on a
previously barred cause of action is commenced, the court dealing with the
action may, if satisfied that it is just and reasonable to do so, take into
account any amount paid under a previous judgment relating to the cause of
action.
(6) A court, other
than the Supreme Court, may not set aside a previous judgment of another
court.
[Section 91 inserted: No. 3 of 2018 s. 12.]