When is the deadline for ultimate limitation period - 15 year long-stop?
The catalogue records a 15 years period from The day on which the act or omission on which the claim is based took place. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 15 years
- Trigger
- The day on which the act or omission on which the claim is based took place
- 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.
- None. There is no judicial power to extend the ultimate period. It is subject only to Part 4 (s 22 related claims, s 24 acknowledgment) and Part 5 (s 25 suspension for disability), and to the wilful concealment provision in s 21(3).
- STATUTE OF REPOSE - RECORDED SEPARATELY FROM THE DISCOVERY-BASED BASIC PERIOD AND MUST NOT BE MERGED WITH IT. This period runs from the act or omission irrespective of discovery and will extinguish a claim that has never been discovered. Section 21(2) fixes the start day for particular claims: (a) conversion - the day the property was first converted by any person; (b) claims under ss 12 to 15 - the day of discovery under that section; (c) contribution or indemnity - the day the claimant is served with the pleading in the underlying claim; (d) a minor's claim - the earlier of the minor's 19th birthday and discovery under s 18(b); (e) a claim of a person under a disability at the time of the act or omission - the earlier of the day the disability ceases and discovery under s 19(b). Section 21(3) is the anti-concealment override: where the defendant wilfully conceals the injury, causation or identity, or wilfully misleads the claimant as to the appropriateness of a proceeding, the act or omission is deemed to have taken place on the day of discovery under Part 2, which collapses the long-stop.