LIMITATION OF ACTIONS ACT 1936 - SECT 48
LIMITATION OF ACTIONS ACT 1936 - SECT 48
48—General power to extend periods of limitation
(1) Subject to this
section, where an Act, regulation, rule or by-law prescribes or limits the
time for—
(a)
instituting an action; or
(b)
doing any act, or taking any step in an action; or
(c)
doing any act or taking any step with a view to instituting an action,
a court may extend the time so prescribed or limited to such an extent, and
upon such terms (if any) as the justice of the case may require.
(2) A court may
exercise the powers conferred by this section in respect of any action
that—
(a) the
court has jurisdiction to entertain; or
(b) the
court would, if the action were not out of time, have jurisdiction to
entertain.
(a)
apply to criminal proceedings; or
(b)
empower a court to extend a limitation of time prescribed by this Act unless
it is satisfied—
(i)
that facts material to the plaintiff's case were not
ascertained by him until some point of time occurring within twelve months
before the expiration of the period of limitation or occurring after the
expiration of that period and that the action was instituted within twelve
months after the ascertainment of those facts by the plaintiff; or
(ii)
that the plaintiff's failure to institute the action
within the period of the limitation resulted from representations or conduct
of the defendant, or a person whom the plaintiff reasonably believed to be
acting on behalf of the defendant, and was reasonable in view of those
representations or that conduct and any other relevant circumstances,
and that in all the circumstances of the case it is just to grant the
extension of time.
(3a) A fact is not to
be regarded as material to the plaintiff's case for the purposes of
subsection (3)(b)(i) unless—
(a) it
forms an essential element of the plaintiff's cause of action; or
(b) it
would have major significance on an assessment of the plaintiff's loss.
Example—
In a case involving personal injury, a fact might qualify as a fact material
to the plaintiff's case if it establishes—
(a) a
substantial reduction of the plaintiff's capacity to work; or
(b) that
the plaintiff will require substantially more medical care than previously
expected; or
(c) a
significant loss of expectation of life.
(3b) In determining
whether it is, in all the circumstances of a case, just to grant an extension
of time, the court should have regard to—
(a) the
period of extension sought and, in particular, whether the passage of time has
prejudiced a fair trial; and
(b) the
desirability of bringing litigation to an end within a reasonable period and
thus promoting a more certain basis for the calculation of insurance premiums;
and
(c) the
nature and extent of the plaintiff's loss and the conduct of the parties
generally; and
(d) any
other relevant factor.
(4) Where an extension
of time is sought pursuant to this section in respect of the commencement of
an action, the action may be instituted in the normal manner, but the process
by which it is instituted must be endorsed with a statement to the effect that
the plaintiff seeks an extension of time pursuant to this section.
(5) Proceedings under
this section may be determined by the court at any time before or after the
close of pleadings.
(6) This section does
not derogate from any other provision under which a court may extend or
abridge time prescribed or limited by an Act, regulation, rule or by-law.