Australian Capital Territory Current Acts

LIMITATION ACT 1985 - SECT 40

    (1)     Subject to subsection (2), if a person has a cause of action for latent damage to property or for economic loss in relation to such damage to property the court may—

        (a)     if the court considers it just and reasonable to do so; and

        (b)     whether or not the limitation period applicable to that cause of action has ended; and

        (c)     whether or not an action for such damage or loss has been begun;

extend the limitation period in relation to which an action on that cause of action may be brought for the further period not exceeding 15 years beginning on the day when the act or omission that gave rise to the cause of action occurred that the court considers appropriate.

    (2)     In exercising the powers given to it by subsection (1), the court shall have regard to all the circumstances of the case including, for example, the following:

        (a)     the length of time between the occurrence of the damage or loss and the time when the damage or loss might reasonably have been discovered by the plaintiff;

        (b)     the extent to which the plaintiff, after he or she became aware of the damage or loss, acted promptly and reasonably;

        (c)     the extent to which an extension of the limitation period would, or would be likely to, result in prejudice to the defendant;

        (d)     the conduct of the defendant after the relevant cause of action accrued to the plaintiff, including the extent to which the defendant took steps to make available to the plaintiff means of ascertaining facts in relation to the cause of action;

        (e)     the steps (if any) taken by the plaintiff to obtain, for the purposes of the cause of action, legal or other expert advice and the nature of any such advice.