New South Wales Consolidated Acts

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LIMITATION ACT 1969 - SECT 74

Set off etc

74 Set off etc

(1) Where, in an action (in this section called
"the principal action" ), a claim is made by way of set off, counterclaim or cross action, the claim, for the purposes of this Act--
(a) is a separate action, and
(b) is, as against a person against whom the claim is made, brought on the only or earlier of such of the following dates as are applicable--
(i) the date on which the person becomes a party to the principal action, and
(ii) the date on which the person becomes a party to the claim.
(2) This section extends to a claim by way of set off made by a defendant under the Civil Procedure Act 2005 , even if one or more of the debts giving rise to the set off became due and payable after the date on which the defendant became a party to the principal action, so long as at least one of those debts became due and payable on or before that date.



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