Western Australian Consolidated Acts Western Australian Consolidated Acts (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.