When is the deadline for window to institute after ascertaining material facts (extension gateway)?
The catalogue records a 12 months period from Ascertainment by the plaintiff of facts material to the plaintiff's case. This draft page remains free only until its source, worked example and limits are reviewed.
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In preparation
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Calculation basis and source
- Period
- 12 months
- Trigger
- Ascertainment by the plaintiff of facts material to the plaintiff's case
- 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 gateway is a precondition, not a discretion: even if it is satisfied the court must still be satisfied that in all the circumstances it is just to grant the extension, having regard to the s 48(3b) factors (the period of extension sought and whether the passage of time has prejudiced a fair trial; the desirability of bringing litigation to an end within a reasonable period; the nature and extent of the plaintiff's loss and the conduct of the parties; any other relevant factor). Section 48(3a) confines 'material' facts to those that form an essential element of the cause of action or would have major significance on an assessment of the plaintiff's loss. The alternative gateway in s 48(3)(b)(ii) (the plaintiff's failure resulted from the defendant's representations or conduct and was reasonable) has no fixed period.
- Added on verification: the researcher described this gateway inside the 'discretion' text of several limitation entries but never encoded the 12-month window as a computable date. Once a limitation period has expired and a late-discovered material fact is the only route to an extension, this is the operative deadline: the action must be instituted within 12 months after the plaintiff ascertained those facts, and letting that window close loses the extension application as well as the claim. Note that s 48(3)(b) restricts only the extension of a period prescribed by the Limitation of Actions Act itself; a period prescribed by another Act, regulation, rule or by-law is extendable under the unqualified discretion in s 48(1). Under s 48(4) the action is instituted in the normal manner and the originating process must be endorsed with a statement to the effect that an extension is sought. Source: Limitation of Actions Act 1936 (SA) s 48, version 1.7.2021 published under the Legislation Revision and Publication Act 2002.