LIMITATION ACT 2005 - SECT 38
LIMITATION ACT 2005 - SECT 38
38 . Court may extend time to commence actions in cases of fraud or improper conduct
(1) A plaintiff may
apply to a court for leave to commence an action on a cause of action even
though the limitation period provided for under this Act has expired.
(2) On an application
a court may extend the time in which the action can be commenced up to 3 years
from when the action ought reasonably to have been commenced if the court is
satisfied that the failure to commence the action was attributable to
fraudulent or other improper conduct of the defendant or a person for whom the
defendant is vicariously liable.
(3) Nothing in
section 39, 41 or 42 prevents a court from extending, under this section, the
time in which a plaintiff can commence an action.
(4) This section does
not apply to an action relating to the publication of defamatory matter.