Queensland Consolidated Acts

LIMITATION OF ACTIONS ACT 1974 - SECT 29

29 Extension in cases of disability

(1) If on the date on which a right of action accrued whether before or after the commencement of this Act for which a period of limitation is prescribed by this Act the person to whom or for whose benefit it accrued was under a disability, the action may be brought at any time before the expiration of 6 years from the date on which the person ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period of limitation has expired.

(2) Notwithstanding subsection (1) —

(a) where a right of action that has accrued to a person under a disability accrues on the death of that person while still under a disability to another person under a disability—a further extension of time shall not be allowed by reason of the disability of the second person; and

(b) an action to recover land or money charged on land shall not be brought by virtue of this section by a person after the expiration of 30 years from the date on which the right of action accrued to that person or a person through whom the person claims; and

(c) an action to recover damages in respect of personal injury or damages in respect of injury resulting from the death of any person shall not be brought by a person after the expiration of 3 years from the date on which that person ceased to be under a disability or died, whichever event first occurred.

(3) This section does not apply—

(a) in a case where the right of action first accrued to a person (not under a disability) through whom the person under a disability claims; or

(b) to an action to recover a penalty or forfeiture or sum by way of a penalty or forfeiture by virtue of an enactment save where the action is brought by an aggrieved party.