chapter
2 Pages

Discretion to disapply limitation period

For personal injury and death claims under ss 11 and 12, the court has a wide discretion to disapply the limitation period so that an action can be brought even though the limitation period has expired if it appears equitable to the court to allow the action to proceed (s 33(1)). The court balances the prejudice that would be suffered to the claimant if it decides to hold that the limitation period should apply against the prejudice that would be suffered to the defendant if the court decides to disapply the limitation period (s 33(1)).