LIMITATION ACT 1985 - SECT 30 Disability

LIMITATION ACT 1985 - SECT 30

    (1)     Subject to subsections (2) and (3) and subject to section 32, if—

        (a)     a person has a cause of action; and

        (b)     the limitation period fixed by this Act for the cause of action has begun to run; and

        (c)     the person is under a disability;

then—

        (d)     the running of the limitation period is suspended for the duration of the disability; and

        (e)     if the cause of action is a cause of action to which section 15 or  19 applies and, apart from this paragraph, the limitation period would end before the lapse of 2 years after—

              (i)     the date when he or she last (before the end of the limitation period) ceases to be under a disability; or

              (ii)     the date of his or her death;

(whichever is the earlier)—the limitation period is extended so as to end 2 years after the earlier of those dates; and

        (f)     in any other case, if, apart from this paragraph, the limitation period would end before the lapse of 3 years after—

              (i)     the date when he or she last (before the end of the limitation period) ceases to be under a disability; or

              (ii)     the date of his or her death;

(whichever date is the earlier)—the limitation period is extended so as to end 3 years after the earlier of those dates.

    (2)     This section applies whenever a person is under a disability, whether or not he or she is under the same or another disability at any time during the limitation period.

    (3)     This section does not apply to—

        (a)     a cause of action to recover a penalty or forfeiture or sum by way of penalty or forfeiture unless the person having the cause of action is an aggrieved party; or

        (b)     a cause of action to which section 30B (Special provision in relation to children—claims relating to health services) applies.