Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LIMITATION ACT 2005 - SECT 91

91 .         Previously barred causes of action

        (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.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback