Queensland Consolidated Acts

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LIMITATION OF ACTIONS ACT 1974 - SECT 5

Interpretation

5 Interpretation

(1) In this Act—

"action" includes any proceeding in a court of law.

"Crown" includes not only the Crown in the right of the State but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

"damage" includes loss of life and personal injury.

"encumbrance" means a charge on land created for the purpose of securing the payment of an annuity or sum of money other than a loan.

"encumbrancee" includes a person not being a mortgagee for whose benefit an estate or interest in land is charged with an annuity or sum of money other than a loan and also a person entitled to the benefit of an encumbrance or to require payment or discharge thereof.

"land" includes corporeal hereditaments, rentcharges and any legal or equitable estate or interest therein, including an interest in the proceeds of the sale of land held upon trust for sale but, save as is provided in this definition, does not include an incorporeal hereditament.

"mortgage" includes a charge or lien on property for securing money or money’s worth but does not include a possessory lien on goods nor a binding effect on the property arising under a writ of execution against the property.

"mortgagee" includes a person claiming a mortgage through an original mortgagee.

"mortgagor" includes a person claiming property subject to a mortgage through an original mortgagor.

"personal estate" does not include chattels real.

"personal injury" includes a disease and an impairment of a person’s physical or mental condition.

"personal property" does not include chattels real.

"rent" includes a rentcharge and a rentservice.

"rentcharge" means any annuity or periodical sum of money charged upon or payable out of land save a rentservice or interest on a mortgage on land.

"ship" includes every description of vessel used in navigation not propelled by oars.

"trust" has the meaning given by the Trusts Act 1973 .

"trustee" has the meaning given by the Trusts Act 1973 .

"trust for sale" means in relation to land an immediate binding trust for sale, whether or not exercisable at the request or with the consent of any person, and with or without a power at discretion to postpone the sale.
(2) For the purposes of this Act, a person shall be taken to be under a disability while the person is an infant or of unsound mind.
(3) For the purposes of subsection (2) , but without prejudice to the generality thereof, a person shall be presumed conclusively to be of unsound mind—
(a) while the person is an involuntary patient under the Mental Health Act 2016 ; or
(b) while the person is a forensic disability client under the Forensic Disability Act 2011 ; or
(c) while the person is detained in an authorised mental health service under an order of the court or in safe custody under an order given by the Governor in the name of Her Majesty, under section 647 of the Criminal Code.
(4) A person shall be taken to claim through another person if the person became entitled by, through, under or by the act of that other person to the right claimed, but a person becoming entitled to an estate or interest by virtue of a special power of appointment shall not be taken to claim through the appointor.
(5) A reference in this Act to a right of action to recover land includes a reference to a right to enter into possession of the land or, in the case of a rentcharge, to distrain for arrears of rent and a reference to the bringing of such an action includes a reference to the making of such an entry or distress.
(6) A reference in this Act, in the case of a rentcharge
(a) to the possession of land—shall be read and construed as a reference to receipt of the rent; or
(b) to the date of dispossession or discontinuance of possession of land—shall be read and construed as a reference to the date the rent was last received.
(7) In part 3 , a reference to a right of action includes a reference to—
(a) a cause of action; and
(b) a right to receive money secured by a mortgage or charge on property or to recover proceeds of the sale of land; and
(c) a right to receive a share or interest in the personal estate of a deceased person;
and a reference to the date of accrual of a right of action
(d) shall, in the case of an action for an account, be read and construed as a reference to the date on which the matter arose in respect of which the account is claimed; and
(e) shall, in the case of an action upon a judgment, be read and construed as a reference to the date on which the judgment became enforceable; and
(f) shall, in the case of an action to recover arrears of rent or interest or damages in respect thereof, be read and construed as a reference to the date on which the rent or interest became due.



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