When is the deadline for limitation period: actions on simple contract and in tort?
The catalogue records a 6 years period from Accrual of the cause of action. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
This page is in preparation. It does not offer an automated deadline or a paid record until the missing source or calculator evidence is complete.
In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
A separately reviewed fixture is required before this question can become indexable. The page does not present an unreviewed output as an example.
Calculation basis and source
- Period
- 6 years
- Trigger
- Accrual of the cause of action
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Limitation of Actions Act 1936 (SA) s 48 (general power to extend), but only where the court is satisfied of one of the s 48(3)(b) gateways: that facts material to the plaintiff's case were not ascertained until within 12 months before expiry or after expiry and the action was instituted within 12 months after ascertainment; or that the failure to institute in time resulted from representations or conduct of the defendant and was reasonable; and that in all the circumstances it is just to grant the extension. Section 48(3b) lists the factors. Extension is also available under s 45 (legal disability, capped at 30 years by s 45(3)) and s 46A (survival of causes of action). Section 25 (concealed fraud) and s 21 (acknowledgment) may postpone or restart time.
- Counting under Legislation Interpretation Act 2021 (SA) s 44 table item 3: a period expressed to begin from the happening of an event does not include the day on which the event occurs. Note SA has NOT adopted a general discoverability rule for contract and tort claims; s 36(1a) is confined to latent personal injury.