LIMITATION OF ACTIONS ACT 1958 - SECT 3 Definitions

LIMITATION OF ACTIONS ACT 1958 - SECT 3

    (1)     In this Act unless inconsistent with the context or subject-matter—

S. 3(1) def. of action amended by No. 26/2023 s. 73.

"action" includes any proceeding in a court of law or in VCAT;

S. 3(1) def. of arbitration agreement inserted by No. 10167 s. 3(1), amended by No. 50/2011 s. 46(Sch. item 11.1).

"arbitration agreement" has the same meaning as in the Commercial Arbitration Act 2011 ;

"land" includes corporeal hereditaments and rentcharges and any legal or equitable estate or interest therein including an interest in the proceeds of the sale of land held upon trust for sale, but save as aforesaid does not include any incorporeal hereditament;

personal estate and personal property do not include chattels real;

"personal injuries" includes any disease and any impairment of a person's physical or mental condition;

"rent" includes a rentcharge and a rentservice;

"rentcharge" means any annuity or periodical sum of money charged upon or payable out of land, except a rentservice or interest on a mortgage on land;

settled land statutory owner tenant for life and terms of years absolute have the same meanings respectively as in the Settled Land Act 1958 ;

S. 3(1) def. of submission repealed by No. 10167 s. 3(1).

    *     *     *     *     *

trust trustee and trust for sale have the same meaning respectively as in the Trustee Act 1958 .

S. 3(2) amended by Nos 9075 s. 5(1), 9427 s. 5(Sch. 4 item 6).

    (2)     For the purposes of this Act a person shall be deemed to be under a disability while he is a minor or of unsound mind.

S. 3(3) amended by No. 9884 s. 2, substituted by No. 59/1986 s. 143(2), amended by No. 52/1998 s. 311(Sch. 1 item 50), substituted by No. 13/2019 s. 221(Sch.  1 item 27.1).

    (3)     Without limiting the meaning of "unsound mind", a person is conclusively presumed to   be of unsound mind if the person is a represented person within the meaning of the   Guardianship and Administration Act   2019 .

    (4)     A person shall be deemed to claim through another person if he became entitled by, through, under, or by the act of that other person to the right claimed:

Provided that a person becoming entitled to any estate or interest by virtue of a special power of appointment shall not be deemed to claim through the appointor.

    (5)     References in this Act to a right of action to recover land shall include references to a right to enter into possession of the land; and references to the bringing of such an action shall include references to the making of such an entry.

    (6)     References in this Act to the possession of land shall, in the case of rentcharges, be construed as references to the receipt of the rent; and references to the date of dispossession or discontinuance of possession of land shall, in the case of rentcharges, be construed as references to the date of the last receipt of rent.

    (7)     In Part II of this Act references to a right of action shall include references to a cause of action and to a right to receive money secured by a mortgage or charge on any property or to recover proceeds of the sale of land, and to a right to receive a share or interest in the personal estate of a deceased person; and references to the date of the accrual of a right of action shall—

        (a)     in the case of an action for an account be construed as references to the date on which an account is claimed;

        (b)     in the case of an action upon a judgment be construed as references to the date on which the judgment became enforceable;

        (c)     in the case of an action to recover arrears of rent or interest or damages in respect thereof be construed as references to the date on which the rent or interest became due.

Part I—Periods of limitation

Pt 1 Div. 1 (Heading) inserted by No. 76/2004 s. 4(1)(a).

Division 1—Application

No. 5914 s. 4.

S. 4 substituted by No. 8300 s. 2.