Northern Territory Consolidated Acts

LIMITATION ACT - SECT 41

(1) Where, after a limitation period fixed by or under this Act for a cause of action commences to run but before the expiration of the limitation period, a person against whom, either solely or with other persons, the cause of action lies confirms the cause of action, the time during which the limitation period runs before the date of the confirmation does not count in the reckoning of the limitation period in respect of an action by a person having the benefit of the confirmation against a person bound by the confirmation.

(2) For the purposes of this section -

(a) a person confirms a cause of action if, but only if -

(i) he makes in writing, and signs, an acknowledgment to a person having, either solely or with other persons, the cause of action, of the right or title of the person to whom the acknowledgment is made; or

(ii) he makes, to a person having, either solely or with other persons, the cause of action, a payment in respect of the right or title of the person to whom the payment is made;

(b) a confirmation of a cause of action to recover interest on principal money operates also as a confirmation of a cause of action to recover the principal money; and

(c) a confirmation of a cause of action to recover income falling due at any time operates also as a confirmation of a cause of action to recover income falling due at a later time on the same account.

(3) For the purposes of this section, where a person has, either solely or with other persons, a cause of action to foreclose the equity of redemption of mortgaged property or to recover possession of mortgaged property, a payment to him of principal or interest secured by the mortgage, or a payment to him otherwise in respect of the right or title to the mortgage, is a confirmation by the payer of the cause of action.

(4) A person may rely upon a confirmation -

(a) if the confirmation is made to him or to a person through whom he claims; and

(b) notwithstanding that the right of action to which the confirmation relates is enjoyed by him jointly with other persons.

(5) A person is bound by a confirmation if -

(a) he is the maker of the confirmation; or

(b) the right to bring the action in respect of which the confirmation was made subsequently becomes, by devolution or succession, a right to bring the action against him.