Choice of Law (Limitation Periods) Act 1993 (NSW)

Choice of Law (Limitation Periods) Act 1993 No 94

An Act relating to limitation periods for choice of law purposes.

1 Name of Act This Act may be cited as the Choice of Law (Limitation Periods) Act 1993.

2 Commencement This Act commences on a day to be appointed by proclamation.

3 Definitions In this Act: court includes arbitrator. limitation law means a law that provides for the limitation or exclusion of any liability or the barring of a right of action in respect of a claim by reference to the time when a proceeding on, or the arbitration of, the claim is commenced.

4 Application This Act extends to a cause of action that arose before the commencement of this Act, but does not apply to proceedings instituted before the commencement of this Act.

5 Characterisation of limitation laws If the substantive law of a place, being another State, a Territory or New Zealand, is to govern a claim before a court of the State, a limitation law of that place is to be regarded as part of that substantive law and applied accordingly by the court.

6 Exercise of discretion under limitation law If a court of the State exercises a discretion conferred under a limitation law of a place, being another State, a Territory or New Zealand, that discretion, as far as practicable, is to be exercised in the manner in which it is exercised in comparable cases by the courts of that place.

7 Application to New Zealand (1) This Act does not apply in relation to New Zealand until it is declared by proclamation published on the NSW legislation website that it does so apply. The proclamation may be the proclamation commencing this Act or another proclamation. (2) If the substantive law of New Zealand is to govern a claim before a court of the State and proceedings have been instituted on the claim before that declaration takes effect, this Act does not apply to those proceedings. This subsection has effect despite section 4.