Limitation Act 1969 (NSW)

Limitation Act 1969 No 31

An Act to amend and consolidate the law relating to the limitation of actions; to repeal section 5 of the Imperial Act known as the Common Informers Act 1588 and certain other Imperial enactments; to repeal the unrepealed portion of the Act passed in the fourth year of the reign of William the Fourth number seventeen and certain other enactments; to amend the Compensation to Relatives Act of 1897, as amended by subsequent Acts, and certain other enactments; to make further provision concerning estates tail; and for purposes connected therewith.

Part 1 Preliminary

1 Name of Act and commencement (1) This Act may be cited as the Limitation Act 1969. (2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

2 Construction This Act is to be read and construed subject to the Commonwealth of Australia Constitution Act and so as not to exceed the legislative power of the State, to the intent that where any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of the provision to other persons or circumstances is not to be affected.

3, 4 (Repealed)

5 Saving (1) Section 8 of the Interpretation Act of 1897 applies to the repeal by this Act in whole or in part of an Imperial Act in the manner in which that section applies to the repeal in whole or in part of an Act. (2) The repeal or amendment of an enactment or Imperial enactment by this Act does not revive anything not in force or existing at the commencement of this Act.

6 Transitional provisions (1) Subject to sections 6A and 26, to Division 3 of Part 3 and to Schedule 5, nothing in this Act— (a) affects an action brought or arbitration commenced before the commencement of this Act, (b) enables an action or arbitration to be commenced or maintained which is barred at the commencement of this Act by an enactment or an Imperial enactment repealed or amended by this Act, (c) affects the extinction of the title of a person to land under section 34 of the Imperial Act shortly entitled the Real Property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). (2) Schedule 5 has effect.