Limitation (Frustrated Contracts) Amendment Act 1978 (NSW)

L I M I T A T I O N ( F R U S T R A T E D C O N T R A C T S )

A M E N D M E N T A C T , 1978 , N o . 106

A N N O VICESIMO SEPTTMO

E L I Z A B E T H E II REGINE

* * * * * * * * * * * * * * * * * * * * * * * * * * * * *******

Act N o . 106 , 1978 .

An Act to amend the Limitation Act, 1969, to declare the limitation period applicable to a cause of action arising under Part III of the Frustrated Contracts Act, 1978. [Assented to, 20th December, 1978.1

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the "Limitation (Frustrated

Contracts) Amendment Act, 1978".

2.       (1) This section and section 1 shall commence on the date

of assent to this Act.

(2) Except as provided in subsection ( 1 ) , this Act shall commence on the day appointed and notified under section 2 (2 ) of the Frustrated Contracts Act, 1978.

3. The Limitation Act, 1969, is amended by inserting after

section 14 the following section :—

14A. An action on a cause of action arising under Part III of the Frustrated Contracts Act, 1978, by virtue of the frustration of a contract or avoidance of an agreement under section 12 of the Sale of Goods Act, 1923, is not maintainable if brought after the expiration of a limitation period of 6 years

running from the date of the frustration or avoidance.