New South Wales Consolidated Acts

LIMITATION ACT 1969 - SECT 63

63 Debt, damages etc

(1) Subject to subsection (2), on the expiration of a limitation period fixed by or under this Act for a cause of action to recover any debt damages or other money, the right and title of the person formerly having the cause of action to the debt damages or other money is, as against the person against whom the cause of action formerly lay and as against the person’s successors, extinguished.

(2) Where, before the expiration of a limitation period fixed by or under this Act for a cause of action to recover any debt damages or other money, an action is brought on the cause of action, the expiration of the limitation period does not affect the right or title of the plaintiff to the debt damages or other money-

(a) for the purposes of the action, or

(b) so far as the right or title is established in the action.

(3) This section does not apply to a cause of action to which section 64 or section 65 applies.