LIMITATION ACT 1969 - SECT 62D
Extension of limitation period where irrational failure to bring action for minor
LIMITATION ACT 1969 - SECT 62D
Extension of limitation period where irrational failure to bring action for minor
62D Extension of limitation period where irrational failure to bring action
for minor
(1) A person claiming to have a cause of action to which Division 6 of Part 2
applies who was a minor at the time of the act or omission alleged to have
resulted in the injury or death with which the cause of action is concerned
may apply to a court for the extension of a limitation period applicable to
the cause of action on the basis that the failure to bring an action founded
on the cause of action within that limitation period is attributable to an
irrational decision by a parent or guardian of the person made after the cause
of action is discoverable (within the meaning of Division 6 of Part 2) by the
parent or guardian.
(2) If it appears to the court that--
(a) the limitation
period applicable to the cause of action expired before or within 1 year after
the applicant reached 18 years of age, and
(b) the failure to bring an action
on the cause of action within that limitation period is attributable to an
irrational decision by a parent or guardian of the applicant made while the
applicant was a minor, and
(c) there is evidence to establish the cause of
action, apart from any defence founded on the expiration of a limitation
period,
the court may order that the limitation period for the cause of action
be extended so that it expires at the end of one year after the making of the
court's order.
(3) If a court orders the extension of a limitation period for
a cause of action under this section, that limitation period is accordingly
extended for the purposes of--
(a) an action brought by the applicant in that
court on the cause of action that the applicant claims to have, and