LIMITATION OF ACTIONS ACT 1958 - SECT 27G Application to survivor actions

LIMITATION OF ACTIONS ACT 1958 - SECT 27G

Subject to section 27I, for the purposes of the application of this Part to a survivor action, the cause of action is deemed to be discoverable by the plaintiff at whichever is the earliest of the following dates—

        (a)     the date on which the cause of action is discoverable by the deceased if the cause of action is discoverable by the deceased more than 3 years before the death of the deceased;

        (b)     the date of appointment of the plaintiff as the deceased's executor or administrator if the cause of action is discoverable by the plaintiff at or before the date of that appointment;

        (c)     the date on which the cause of action is discoverable by the plaintiff if the cause of action is discoverable by the plaintiff after the appointment of the plaintiff as the deceased's executor or administrator.

S. 27H inserted by No. 60/2003 s. 14.