Victorian Consolidated Legislation

Limitation of Actions Act 1958 - SECT 3

Definitions

3. Definitions



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

action includes any proceeding in a court of law;

arbitration agreement has the same meaning as in the
Commercial Arbitration Act 1984;

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;

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

(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.



(3) Without limiting the meaning of unsound mind a person is conclusively
presumed to be of unsound mind if the person is a protected person within the
meaning of section 85 of the Guardianship and Administration Act 1986 or a
represented person within the meaning of the
Guardianship and Administration Act 1986.

(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.

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