Victorian Consolidated Legislation

Limitation of Actions Act 1958 - SECT 27

Postponement of limitation periods in case of fraud or mistake

27. Postponement of limitation periods in case of fraud or mistake

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.

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