Victorian Current Acts

LIMITATION OF ACTIONS ACT 1958 - SECT 27QC

    (1)     On an application under section 27QB or otherwise in a proceeding on an action referred to in section 27QA(1), the court, if satisfied that it is just and reasonable to do so—

        (a)     may make an order setting aside the previous judgment, whether wholly or in part; and

        (b)     may make any other order that it considers appropriate in the circumstances.

    (2)     In hearing and determining any action to which this Division applies in relation to which there is a previous judgment which has been set aside, the court, if satisfied that it is just and reasonable to do so—

        (a)     when awarding damages in relation to the action, may take into account any amounts paid or payable under that previous judgment; and

        (b)     when awarding costs in relation to the action, may take into account any amounts paid or payable under that previous judgment.

S. 27QD inserted by No. 30/2019 s. 32.