LIMITATION ACT 1969 - SECT 68A
Extinction of right or title must be alleged in proceedings
LIMITATION ACT 1969 - SECT 68A
Extinction of right or title must be alleged in proceedings
68A Extinction of right or title must be alleged in proceedings
(1) Where in proceedings before a judicial tribunal a question arises as to
extinction under this Division of a right or title, a party to the proceedings
shall not have the benefit in those proceedings of any such extinction of that
right or title unless, as part of the proceedings, the party has pleaded or
otherwise appropriately claimed in accordance with the procedures of the
tribunal that the right or title has been so extinguished.
(2) In subsection
(1), a reference to proceedings before a judicial tribunal is a reference to
proceedings before a court or person authorised by law or by agreement to bind
the parties to the proceedings by a decision on a question arising in the
proceedings as to whether or not a right or title has been extinguished under
this Division.