When is the deadline for copyright - limitation where the plaintiff knew of the act or omission when it occurred?
The catalogue records a 3 years period from The day on which the act or omission contrary to the Act occurred. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
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In preparation
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Calculation basis and source
- Period
- 3 years
- Trigger
- The day on which the act or omission contrary to the Act occurred
- 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.
- Not extendable by the Court. The bar is not self-executing: by s 43.1(2), the court shall apply the limitation or prescription period set out in paragraph (1)(a) or (b) only in respect of a party who pleads a limitation period.
- This is the actual-or-constructive-knowledge branch and must be recorded separately from the discovery branch in s 43.1(1)(b). The two branches are mutually exclusive on the statutory wording, turning on the plaintiff's knowledge at the time the act occurred; there is no ultimate long-stop overlaying the discovery branch. Section 43.1 read on verification, including the pleading requirement in subsection (2).