Victorian Consolidated Legislation

Limitation of Actions Act 1958 - SECT 27L

Matters to be considered in determining applications for extension of limitation period

27L. Matters to be considered in determining applications for extension of
limitation period



(1) In exercising the powers conferred on it by section 27K, a court shall
have regard to all the circumstances of the case, including (but not limited
to) the following-

   (a)  the length of and reasons for the delay on the part of the plaintiff;

   (b)  the extent to which, having regard to the delay, there is or is likely
        to be prejudice to the defendant;

   (c)  the extent, if any, to which the defendant had taken steps to make
        available to the plaintiff means of ascertaining facts which were or
        might be relevant to the cause of action of the plaintiff against the
        defendant;

   (d)  the duration of any disability or legal incapacity of the plaintiff
        arising on or after the date of discoverability;

   (e)  the time within which the cause of action was discoverable;

   (f)  the extent to which the plaintiff acted promptly and reasonably once
        the plaintiff knew that the act or omission of the defendant, to which
        the injury of the plaintiff was attributable, might be capable at that
        time of giving rise to an action for damages;

   (g)  the steps, if any, taken by the plaintiff to obtain medical, legal or
        other expert advice and the nature of the advice he or she may have
        received.

(2) To avoid doubt, the circumstances referred to in subsection (1) include
the following-

   (a)  whether the passage of time has prejudiced a fair trial of the claim;
        and

   (b)  the nature and extent of the plaintiff's loss; and

   (c)  the nature of the defendant's conduct.

(3) In the application of this section to a cause of action that is a survivor
action references in subsection (1) to the plaintiff include references to the
deceased and the applicant, or any of them, as appropriate in the
circumstances.

(4) In the application of this section to a cause of action that arises under
Part III of the Wrongs Act 1958, references in subsection (1) to the plaintiff
include references to the deceased, the executor or administrator of the
deceased, and the beneficiaries, or any of them, as appropriate in the
circumstances.