No. 1971

A BILL

To clarify and amend the law relating to the limitation of actions; and for this purpose to amend the Limitation Act, 1969, and the District Courts Act, 1912.

Be it enacted by the Queen's Most Excellent Majesty, by Band with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:-

Short title and commencement.		1. (1) This Act may be cited as the “Limitation (Amendment) Act, 1971”. (2) This Act shall be deemed to have commenced on the first day of January, 1971.
Amendment of Act No. 31, 1969.		2. The Limitation Act, 1969, is amended-
Sec. 3 (Division.)		(a) by omitting from section three “68” and by inserting in lieu thereof “68A.”
Sec. 6 (Transition.)		(b) by omitting section six and by inserting in lieu thereof the following new section:-
Transition.		6. (1) Subject to Division 3 of Part III of this Act, nothing in this Act-
cf. 2 & 3 Geo. 6,c. 21, s. 33(b).		(a) affects an action brought or arbitration commenced before the commencement of this Act;
cf. 2 & 3 Geo. 6, c. 12, s. 33(a).		(b) enables an action or arbitration to be commenced or maintained which is barred immediately before the commencement of this Act by an enactment or an Imperial enactment repealed or amended by this Act;
		(c) affects the extinction of the title of a person to land under section 34 of the Imperial Act shortly entitled the Real , Property Limitation Act, 1833, as adopted , and applied by the Act passed in the eighth year of the reign of King William the Fourth, number three, where the period limited by that Imperial Act, as so adopted and applied, to that person for making an entry or distress or bringing any action or suit to recover the land has commenced to run before the commencement of this Act; or
		(d) prevents the commencement and maintenance of an action or arbitration within the time allowed by an enactment or an Imperial enactment repealed or amended by this Act on a cause of action which accrued before the commencement of this Act, but this paragraph has effect subject to paragraphs (b) and (c) of this section.
		(2) This section does not apply to a cause of action for contribution to which section 26 of this Act applies.
Sec. 26 (Contribution between tort-feasors)		(c) by omitting from subsection one of section twenty-six “An action” and by inserting in lieu thereof “Subject to subsections (5) and (6) of this section an action”
		(d) by inserting next after subsection four of section twenty-six the following new subsections:-
		(5) Nothing in -this Act prevents the maintenance of an action commenced, before the commencement of this Act, on a cause of action for contribution under subsection (1) of section 5 of the Law Reform (Miscellaneous Provisions) Act, 1946, where the action is not barred immediately before the commencement of this Act by the Imperial Act shortly entitled the Limitation Act, 1623. (6) Where a cause of action for contribution under subsection (I ) of section 5 of the Law Reform (Miscellaneous Provisions) Act, 1946, has accrued before the commencement of this Act and is not, immediately before the commencement of this Act, barred by the Limitation Act, 1623, nothing in this Act prevents the commencement and maintenance of an action on that cause of action within the time allowed by the Limitation Act, 1623.
Sec.65 (Property.)		(e) by inserting next after subsection two of. section sixty-five the following new subsection:-
		(3) This section does not apply where the cause of action is for conversion or detention of goods and, before the expiration of the limitation period fixed by or under this Act for the cause of action, the person having the cause of action recovers possession of the goods.
		(f) by inserting next after section sixty-eight the following new section :-
Allegation of extinction.		68A. (1) Where in proceedings in a judicial tribunal a question arises as to extinction under this Division of a right or title, a party to the proceedings shall not have the benefit of the extinction unless he pleads or otherwise specifically claims in the proceedings -that the right or title has been so extinguished. (2) In this section “judicial tribunal” means a court or other person authorised by law or by agreement to determine the question so as to bind the party concerned.
		3. The District Courts Act, 1912, is amended-
Sec. 75.(Notice of equitable and special defence.)		(a) by omitting from paragraph (c) of subsection one of section seventy-five “and to claim, and” and by inserting in lieu thereof “or to claim, or”; (b) by omitting from the same paragraph “Statute of Limitations” and by inserting in lieu thereof “Statute of Limitations (whether or not effecting extinction of any right or title)”.

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