When is the deadline for limitation period: personal injury, 12 year long-stop?
The catalogue records a 12 years period from The time of the act or omission alleged to have resulted in the injury or death with which the claim is concerned. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 12 years
- Trigger
- The time of the act or omission alleged to have resulted in the injury or death with which the claim is concerned
- Counting
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- Rollovers and holidays
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- The 12 year long-stop may be extended by a court on application under Limitation Act 1969 (NSW) s 62A if the court decides it is just and reasonable to do so. Not computed.
- This is a true LONG-STOP and is stated separately from the discoverability period for that reason. s 50C(1) provides that the action is not maintainable after whichever of the 3 year post-discoverability period and the 12 year long-stop is the FIRST to expire. Both must therefore be calculated and the earlier taken. s 50A(3) excludes claims under the Motor Accidents Compensation Act 1999 (NSW) and the Motor Accident Injuries Act 2017 (NSW) from the Division entirely. Corrected on verification: the researched entry located the extension power in "Pt 3 Div 4" generally; the operative provision is s 62A, and the researched entry's assertion that the long-stop runs from the death of the deceased in a compensation to relatives action should be checked against ss 50A(4) and 50C before it is relied on. Section text verified verbatim against the current consolidation on legislation.nsw.gov.au.