Victorian Current Acts

LIMITATION OF ACTIONS ACT 1958 - SECT 27L

    (1)     In exercising the powers conferred on it by section 27K, a court shall have regard to all the circumstances of the case, including (but not limited to) the following—

        (a)     the length of and reasons for the delay on the part of the plaintiff;

        (b)     the extent to which, having regard to the delay, there is or is likely to be prejudice to the defendant;

        (c)     the extent, if any, to which the defendant had taken steps to make available to the plaintiff means of ascertaining facts which were or might be relevant to the cause of action of the plaintiff against the defendant;

        (d)     the duration of any disability or legal incapacity of the plaintiff arising on or after the date of discoverability;

        (e)     the time within which the cause of action was discoverable;

        (f)     the extent to which the plaintiff acted promptly and reasonably once the plaintiff knew that the act or omission of the defendant, to which the injury of the plaintiff was attributable, might be capable at that time of giving rise to an action for damages;

        (g)     the steps, if any, taken by the plaintiff to obtain medical, legal or other expert advice and the nature of the advice he or she may have received.

    (2)     To avoid doubt, the circumstances referred to in subsection (1) include the following—

        (a)     whether the passage of time has prejudiced a fair trial of the claim; and

        (b)     the nature and extent of the plaintiff's loss; and

        (c)     the nature of the defendant's conduct.

    (3)     In the application of this section to a cause of action that is a survivor action references in subsection (1) to the plaintiff include references to   the deceased and the applicant, or any of them, as appropriate in the circumstances.

    (4)     In the application of this section to a cause of action that arises under Part III of the Wrongs Act 1958 , references in subsection (1) to the plaintiff include references to the deceased, the executor or administrator of the deceased, and the beneficiaries, or any of them, as appropriate in the circumstances.

S. 27M inserted by No. 60/2003 s. 14.