South Australian Current Acts

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LIMITATION OF ACTIONS ACT 1936 - SECT 40

40—Absence from State of a joint debtor

When any such cause of action as is referred to in section 35 or 36 has accrued against two or more joint debtors the party entitled to the action shall not be entitled to any additional time within which to commence any action against any such joint debtor who was within the State at the time when the cause of action accrued by reason only that any such joint debtor was at that time absent from the State: and the party so entitled shall not be barred from commencing and prosecuting an action against any joint debtor after his return to the State by reason only that judgment has already been recovered against any joint debtor who was within the State when the cause of action arose.



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