Northern Territory Consolidated Acts

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

LIMITATION ACT - SECT 12

Actions in contract, tort etc.

12. Actions in contract, tort etc.

(1) Subject to subsection (2), the following actions are not maintainable after the expiration of a limitation period of 3 years from the date on which the cause of action first accrues to the plaintiff or to a person through whom he claims -

(a) an action founded on contract (including quasi-contract) not being a cause of action which is evidenced by a deed;

(b) an action founded on tort including a cause of action founded on a breach of statutory duty;

(c) an action to enforce a recognizance; and

(d) an action to recover money recoverable by virtue of an enactment, other than a penalty or forfeiture or sum by way of penalty or forfeiture.

(2) However:

(a) no limitation period applies to an action for damages for personal injury arising from a dust disease; and

(b) an action for defamation is not maintainable unless commenced within a limitation period of one year from the date of publication of the defamatory matter; and

(c) subsection (1) does not apply to an action to which section 17 applies (i.e. an action under section 7 or 13 of the Compensation (Fatal Injuries) Act ); and

(d) subsection (1) does not apply to an action for contribution to which section 24 applies.

(3) In this section:

dust disease means a pathological condition of the lungs, pleura or peritoneum that is attributable to dust.

enactment includes legislation of the Commonwealth, a State or Territory, or of any foreign country or state.



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