LIMITATION OF ACTIONS ACT 1958 - SECT 27 Postponement of limitation periods in case of fraud or mistake

LIMITATION OF ACTIONS ACT 1958 - SECT 27

Where, in the case of any action for which a period of limitation is prescribed by this Act—

        (a)     the action is based upon the fraud of the defendant or his agent or of any person through whom he claims or his agent; or

        (b)     the right of action is concealed by the fraud of any such person as aforesaid; or

        (c)     the action is for relief from the consequences of a mistake—

the period of limitation shall not begin to run until the plaintiff has discovered the fraud or the mistake, as the case may be, or could with reasonable diligence have discovered it:

Provided that nothing in this section shall enable any action to be brought to recover or enforce any charge against or set aside any transaction affecting any property which—

              (i)     in the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know or have reason to believe that any fraud had been committed; or

              (ii)     in the case of mistake, has been purchased for valuable consideration, subsequently to the transaction in which the mistake was made by a person who did not know or have reason to believe that the mistake had been made.

Pt 2A (Heading and ss 27A– 27N) inserted by No. 60/2003 s. 14.

Part IIA—Personal injury actions

Division 1—Introductory

S. 27A inserted by No. 60/2003 s. 14.