Queensland Consolidated Acts

LIMITATION OF ACTIONS ACT 1974 - SECT 35

35 Fresh accrual of action on acknowledgment or part payment

(1) Where there has accrued a right of action (including a foreclosure action) to recover land or a right of a mortgagee of personal property to bring a foreclosure action in respect of the property, and—

(a) the person in possession of the land or personal property acknowledges the title of the person to whom the right of action has accrued; or

(b) in the case of a foreclosure or other action by a mortgagee—the person in possession referred to in paragraph (a) or the person liable for the mortgage debt makes any payment in respect thereof, whether of principal or interest;

the right shall be deemed to have accrued on and not before the date of the acknowledgment or payment.

(2) Where a mortgagee is, by virtue of the mortgage, in possession of mortgaged land and receives a sum in respect of the principal or interest of the mortgage debt or acknowledges the title of the mortgagor or the mortgagor’s equity of redemption, an action to redeem the land in the mortgagee’s possession may be brought at any time before the expiration of 12 years from the date of the payment or acknowledgment.

(3) Where a right of action has accrued to recover a debt or other liquidated pecuniary claim, or a claim to the personal estate of a deceased person or to a share or interest therein and the person liable or accountable therefor acknowledges the claim or makes a payment in respect thereof, the right shall be deemed to have accrued on and not before the date of the acknowledgment or the last payment.

(4) Notwithstanding subsection (1) , a payment of a part of the rent or interest due at any time shall not extend the period for claiming the remainder then due, but a payment of interest shall be treated as a payment in respect of the principal debt.