Queensland Consolidated Acts

LIMITATION OF ACTIONS ACT 1974 - SECT 12

12 Actions in cases of successive conversions and extinction of title of owners of converted goods

(1) Where a cause of action in respect of the conversion or wrongful detention of a chattel has accrued to any person and before the person recovers possession of the chattel a further conversion or wrongful detention takes place, an action shall not be brought in respect of the further conversion or detention after the expiration of 6 years from the accrual of the cause of action in respect of the original conversion or detention.

(2) Where a cause of action to which subsection (1) applies has accrued to any person and the period prescribed for bringing that action or any action in respect of which a further conversion or wrongful detention referred to in subsection (1) has expired and the person has not during that period recovered possession of the chattel, the title of that person to the chattel shall be extinguished as against a purchaser, mortgagee or other person having a title to or an interest in the chattel bona fide for value.

(3) Where, before the expiration of the period of limitation prescribed by this Act for an action in respect of the further conversion or wrongful detention of a chattel, such an action is brought, the expiration of the period of limitation does not affect the right or title of the plaintiff to the chattel—

(a) for the purposes of the action; or

(b) so far as the right or title is established in the action.