98) See, eg, New South Wales Law Reform Commission, The First Report on the Limitation of Actions, Report No 3 (1967) 7 ; Law Reform Commission of Western Australia, Limitation and Notice of Actions--Report, Project No 36 Part 11 (1997) 356 [14.
103) There are provisions dealing with the limitation of actions in regard to mortgages: Limitation Act 1981 (NT) pt II div 3.
125) Limitation Act 1969 (NSW) s 65(1); Limitation of Actions Act 1974 (Qld) s 24(1); Limitation of Actions Act 1936 (SA) s 28; Limitation Act 1974 (Tas) s 21; Limitations of Actions Act 1958 (Vic) s 16; Limitation Act 2005 (WA) s 75.
94) Limitation of Actions
Act, RSA 1980, c L-15 ss 51(b), 52, 57, 58.
See generally HENRY THOMAS BANNING, A CONCISE TREATISE ON THE STATUTE LAW OF LIMITATION OF ACTIONS 2 (2d ed.
at 511 (noting that "the digital, on or off quality of limitation of actions contrasts sharply with the analog, gradual nature of the evils it seeks to prevent").
189) Because it is less harsh and more fair to plaintiffs, and because it parallels the gradual accretion of the harms which the limitation system aims to minimize, (190) the incremental approach is likely to reduce the pressure courts presently feel to fudge the facts or distort limitation of action rules in order to avoid time-barring claims.
Plaintiffs in this category will remain subject to the provisions contained in sections 5, 23 and 23A of the Limitation of Actions Act 1958.
Under the Limitation of Actions Act 1958 the concept of discoverability only applies where the injury which is the subject of a claim for personal injury damages is a disease or disorder.
167) Section 36(1) of the Limitation of Actions Act 1936 (SA) provides for a three-year limitation period for personal injury actions, and time does not run against minors.
See also Queensland Law Reform Commission, Review of the Limitation of Actions Act 1974 (Qld), Report No 53 (1998) 6-8.
As the authors note, one recent amendment in Victoria provides that, in cases of disease or disorder, time does not run until the plaintiff has knowledge of both the disease and the fact that it was caused by the act or omission of another person: Limitation of Actions Act 1958 (Vic) s 5(1A).