When is the deadline for statutory floor of 12 months on short limitation periods?
The catalogue records a 12 months period from The time the cause of action arises. 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 months
- Trigger
- The time the cause of action arises
- 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.
- The court may find under s 47(2)(d) that the shorter limitation is essential to the nature or purpose of the action, in which case the floor does not apply. Section 49 preserves other rules of law or equity extending limitation periods.
- A powerful and easily missed SA override: any SA Act, regulation, rule or by-law imposing a limitation shorter than 12 months is generally lifted to 12 months. Always test a short statutory limitation period against this section before advising it is expired.