LIMITATION ACT 2005 - SECT 43
LIMITATION ACT 2005 - SECT 43
43 . Jurisdiction and procedure
(1) Subject to
subsection (2), an extension application is to be made by summons in the
jurisdiction in which —
(a) the
existing action, if any, has been brought; or
(b) the
proposed action would be brought if the application were successful,
as is relevant to the
case.
(2) An extension
application in respect of an arbitration for a difference or matter under an
arbitration provision is to be made by summons to the Supreme Court.
(3) The plaintiff is
to serve a copy of the summons on each person against whom the action that is
the subject of the extension application is brought or proposed to be brought.
(4) Despite subsection
(1), the Supreme Court may give leave to bring an action in any court which
seems to it to be the appropriate court.
(5) An extension
application can be sought or determined at any time before or after the issue,
or close of, pleadings.