When is the deadline for basic limitation period - two years from discovery?
The catalogue records a 2 years period from The day on which the claim was discovered within the meaning of s 5. 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
- 2 years
- Trigger
- The day on which the claim was discovered within the meaning of s 5
- 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 as to the running of the period once discovery is established - there is no judicial power to extend. Suspension operates only by statute: s 6 (minors not represented by a litigation guardian), s 7 (persons incapable of commencing a proceeding and not represented by a litigation guardian, with a presumption of capacity in s 7(2)), s 11 (attempted resolution with an independent third party), and s 13 (acknowledgment of liability resets the deemed date of the act or omission for the claims listed). By s 22(1) the period applies despite any agreement to vary or exclude it, subject to the exceptions in ss 22(2) to (6), which include suspension or extension by agreement made on or after 19 October 2006 (s 22(3)) and wider variation in business agreements (s 22(5)).
- THE DISCOVERY RULE AND THE ULTIMATE PERIOD ARE SEPARATE AND MUST NOT BE MERGED. This entry is the discovery-based basic period; the fifteen-year long-stop in s 15(2) is catalogued separately and caps it. The s 5(2) presumption places the onus on the claimant to displace the date of the act or omission. Rollover is marked 'review' because the r 3.01(1)(c) court rollover does NOT apply to a statutory limitation period; the applicable provisions are Legislation Act, 2006, ss 89(1) and 89(2), and the s 88(2) holiday list does not include Saturday or the Civic Holiday. Section 21(1) bars pursuing an expired claim by adding a person as a party to an existing proceeding, though s 21(2) permits correction of a misnaming or misdescription.