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LIMITATION ACT 1969 - SECT 56A
Extension of limitation period by court
(1) A person claiming to have a cause of action for defamation may apply to
the court for an order extending the limitation period for the cause of
action.
(2) A court may extend the limitation period to a period of up to 3
years running from the date of the alleged publication of the matter if the
plaintiff satisfies the court that it is just and reasonable to allow an
action to proceed.
(3) In determining whether to extend the
limitation period, the court is to have regard to all of the circumstances of
the case and in particular to-- (a) the length of, and the reasons for, the
plaintiff's delay, and
(b) if a reason for the delay was that some or all of
the facts relevant to the cause of action became known to the plaintiff after
the limitation period expired-- (i) the day on which the facts became known to
the plaintiff, and
(ii) the extent to which the plaintiff acted promptly and
reasonably once the plaintiff knew whether or not the facts might be capable
of giving rise to an action, and
(c) the extent, having regard to the delay,
to which relevant evidence is likely to be unavailable or less cogent than if
the action had been brought within the limitation period.
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