Victorian Consolidated Legislation

Limitation of Actions Act 1958 - SECT 23

Extension of limitation period in case of disability

23. Extension of limitation period in case of disability



(1) If on the date when any right of action accrued for which a period of
limitation is prescribed by this Act the person to whom it accrued was under a
disability, the action may be brought at any time before the expiration of six
years, or in the case of any action for which a less number of years is
prescribed by this Act (except under section 5(1AA) or (1A)) as the period of
limitation then such less number of years, from the date when the person
ceased to be under a disability or died whichever event first occurred
notwithstanding that the period of limitation has expired:

Provided that-

   (a)  this subsection shall not affect any case where the right of action
        first accrued to some person (not under a disability) through whom the
        person under a disability claims;

   (b)  when a right of action which has accrued to a person under a
        disability accrues, on the death of that person while still under a
        disability, to another person under a disability, no further extension
        of time shall be allowed by reason of the disability of the second
        person;





   (c)  no action to recover land or money charged on land shall be brought by
        virtue of this subsection by any person after the expiration of thirty
        years from the date on which the right of action accrued to that
        person or some person through whom he claims;

   (d)  this subsection shall not apply to any action to recover a penalty or
        forfeiture, or sum by way thereof, by virtue of any enactment, except
        where the action is brought by an aggrieved party.



* * * * *

(1A) Subsection (1) does not apply to a right of action to which Part IIA
applies.



(2) Any time during which it was not reasonably practicable for a person to
commence any action by reason of any war or circumstances arising out of any
war in which the Commonwealth of Australia is or was engaged shall be excluded
in computing the period prescribed by this Act for the commencement of that
action; and the said period shall not be deemed to expire before the end of
twelve months from the date when it became reasonably practicable to commence
the action.









Division 2-Personal injuries