LIMITATION ACT 2005 - SECT 44

LIMITATION ACT 2005 - SECT 44

44 .         Further matters for court’s consideration on extension applications

                When deciding, on an extension application, whether to extend the time for the commencement of an action, a court is to have regard to —

            (a)         whether the delay in commencing the proposed action, whatever the merit of the reasons for that delay, would unacceptably diminish the prospects of a fair trial of the action; and

            (b)         whether extending the time would significantly prejudice the defendant (other than by reason only of the commencement of the proposed action).