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LIMITATION ACT 2005 - SECT 46

LIMITATION ACT 2005 - SECT 46

46 .         Meaning of confirmation

        (1)         For the purposes of this Act, a person confirms a cause of action if the person —

            (a)         acknowledges, to a person having the cause of action ( person A ), person A’s right or title, even though the acknowledgment does not disclose a promise to pay;

            (b)         makes, to a person having the cause of action ( person B ), a payment in relation to person B’s right or title and makes the payment in circumstances not inconsistent with an acknowledgment of that right or title; or

            (c)         makes, to a person having a cause of action to foreclose the equity of redemption of mortgaged property or to recover possession of mortgaged property ( person C ), a payment of principal or interest secured by the mortgage or a payment to person C otherwise in relation to person C’s right or title to the mortgage.

        (2)         In subsection (1) a reference to a person having a cause of action is a reference to the person having the cause of action either solely or with other persons.