LIMITATION ACT 2005 - SECT 42

LIMITATION ACT 2005 - SECT 42

42 .         Court may extend time to commence action by person with a mental disability, with guardian

        (1)         A plaintiff who suffers a mental disability at any time after a cause of action accrues to that person may apply to a court for leave to commence an action even though the limitation period provided for under this Act has expired.

        (2)         Subject to subsection (3), on an application a court may extend the time in which the action can be commenced up to 12 years from when the cause of action accrued.

        (3)         A court is not to extend time on an application unless the court is satisfied that in the circumstances it was unreasonable for a guardian of the plaintiff not to commence the action within the limitation period for the action.

        (4)         This section does not apply to an action relating to the publication of defamatory matter.