When is the deadline for limitation period: contract and tort?
The catalogue records a 6 years period from The date on which the cause of action first accrues to the plaintiff or to a person through whom the plaintiff claims. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 years
- Trigger
- The date on which the cause of action first accrues to the plaintiff or to a person through whom the plaintiff claims
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
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This route remains in preparation until a pinpoint official source is recorded.
- Postponement and extension provisions in Limitation Act 1969 (NSW) Pt 3, together with confirmation and acknowledgment and the disability provisions, may displace or postpone the period. s 12 provides that Pt 2 has effect subject to Pt 3. Not computed.
- ACCRUAL trigger, not discoverability. Reckoned under Interpretation Act 1987 (NSW) s 36, not UCPR r 1.11, because the period is fixed by an Act. s 14(2) excludes causes of action to which s 19 (compensation to relatives) or s 26 (contribution between tort-feasors) applies. Personal injury causes of action are governed instead by s 18A or Pt 2 Div 6 (ss 50A to 50F) depending on the date of the act or omission, and child abuse actions are wholly exempt under s 6A. s 13 provides that where two or more provisions of Pt 2 bar an action, the earliest bar governs. Section text verified verbatim against the current consolidation of the Limitation Act 1969 (NSW) on legislation.nsw.gov.au.