Victorian Consolidated Legislation

Limitation of Actions Act 1958 - SECT 27G

Application to survivor actions

27G. Application to survivor actions

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.