LIMITATION ACT 1981 - SECT 4 Interpretation
LIMITATION ACT 1981 - SECT 4
Interpretation(1) In this Act, unless the contrary intention appears:
"action" includes any proceeding in a court of competent jurisdiction.
"Crown" includes not only the Crown in the right of the Territory, but also, so far as the legislative power of the Legislative Assembly permits, the Crown in the right of the Commonwealth and each State and Territory of the Commonwealth.
"deed" includes:
(a) an instrument which is executed under seal by all parties to the instrument and which is expressed to be a deed;
(b) an instrument within the meaning of the Land Title Act 2000 , whether or not registered under that Act;
(c) an instrument which is expressed to be a deed and to be sealed but is not so sealed, and which is signed by each party in the presence of a witness; and
(d) in the case of an instrument executed pursuant to the law of:
(i) the United Kingdom of Great Britain and Northern Ireland;
(ii) the Commonwealth;
(iii) a State of the Commonwealth;
(iv) a Territory of the Commonwealth; or
(v) New Zealand,
an instrument having the effect of a deed under the law pursuant to which it is executed.
"disabled person" means a person who, by reason of age, disease, illness or mental or physical infirmity, is incapable of managing his affairs in respect of legal proceedings.
"income" includes interest on a judgment and other interest, rent, annuities and dividends, but does not include arrears of interest secured by a mortgage and lawfully treated as principal.
"judgment" includes a judgment of a court of the Commonwealth or a State or another Territory of the Commonwealth, or any country or part of a country.
"land" includes corporeal hereditaments, rent charges and a legal or equitable estate or interest in land whether held under freehold or leasehold tenure, including an interest in the proceeds of the sale of land held upon trust for sale but, except as provided in this definition, does not include incorporeal hereditaments.
"mortgage" includes a charge or lien on property for securing money or money's worth, but does not include a possessory lien on goods nor a binding effect on property arising by operation of law or under a writ of execution against the property.
"mortgagee" includes a person claiming through an original mortgagee.
"mortgagor" includes a person claiming property subject to a mortgage through an original mortgagor.
"person under a disability" means an infant or a disabled person, or a convicted person who, after conviction, is undergoing a sentence of imprisonment.
personal estate and personal property do not include chattels real.
"personal injuries" includes a disease and an impairment of a person's physical or mental condition.
"personal representative" means an executor to whom probate has been granted and includes an administrator to whom a grant of letters of administration has been made under the Administration and Probate Act 1969 .
"plaintiff" means a person bringing an action.
"principal money", in relation to a mortgage, means money secured by the mortgage, including arrears of interest lawfully treated as principal, but does not include other interest.
"putative defendant" means a person who has reason to believe that another person:
(a) is a person under a disability; and
(b) would, but for that disability, be entitled to bring an action against him.
"rent" includes a rent charge and a rent service.
"rent charge" means an annuity or periodical sum of money charged upon or payable out of land, other than a rent service or interest on a mortgage of land.
"successor", in relation to a person liable on a cause of action, means a person on whom the liability of the first-mentioned person devolves, whether as personal representative or otherwise on death or on bankruptcy, disposition of property or determination of a limited estate or interest or otherwise.
"trust" includes express, implied and constructive trusts, whether or not the trustee has a beneficial interest in the trust property, and whether or not the trust arises only by reason of a transaction impeached, and includes the duties incident to the office of personal representative but does not include the duties incident to the estate or interest of a mortgagee in mortgaged property.
"trust for sale" means, in relation to land, an immediate binding trust for sale whether or not exercisable at the request or with the consent of any person and with or without a power at discretion to postpone the sale.
"tutor" means, in relation to a person under a disability, another person appointed by a court to institute or defend legal proceedings on his behalf.
(2) A person shall be taken to claim through another person if he became entitled by, through or under the act of that other person to the right claimed but a person becoming entitled to an estate or interest by virtue of a special power of appointment shall not be taken to claim through the appointor.