Limitation (Persons under Disabilities) Act of 1962 (11 Eliz Ii No. 20) (Qld)

866 (@ueenshmb ANNO UNDECIMO ELIZABETHAE SECUNDAE REGINAE • t t t t t t t t • t • t • t I I t t • t t • t t t • t It It t • • • t t t t •I. I t I I I I I I No. 20 An Act Relating to the Limitation of Actions in Respect of Personal Injuries to Persons Under Disabilities [ASSENTED TO 3RD APRIL, 1962] Short title B E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as •• The Limitation (Persons under Disabilities) Act of 1962." Limi~tion_ 2. (1) If on the date (and whether before, on or ~~ ~ :f~ } m after the passing of this Act) when any cause of action pt:rs<?nal referred to in section five of " The Law Reform ~ ~ ~ ~ ~ to (Limitation of Actions) Act of 1956," accrued, the person un~ ~~ dis- to whom it accrued was under a disability, the action may abillt,es be brought at any time before, but not after, the expiration

1962 Limitation, Etc., Act of three years from the date when the person ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period of limitation prescribed by the said section five has expired. (2) For the purposes of this section a person shall be deemed to be under a disability while- (a) he is an infant or of unsound mind ; or (b) he is a convict who after conviction is undergoing a sentence of imprisonment, and whose estate is not vested in the Public Curator pursuant to the provisions of Part IV of "The Public Curator Acts, 1915 to 1957." Subsection (3) of section four of " The Limitation Act of 1960," shall apply for the purposes of this section to the same extent as it applies for the purposes of subsection (2) of that section in respect of an action for which a period of limitation is prescribed by that Act. (3) In dealing with the costs of any action to which this Act applies and which is commenced after the expiry of the period of limitation prescribed by section five of" The Law Reform (Limitation of Actions) Act of 1956," but before the expiry of the period of limitation prescribed by this Act, there shall be taken into consideration by the Court- (a) (in every case where an award of any costs may be made to the plaintiff), before awarding those costs- (i) whether reasonable diligence has been shown in the circumstances in commencing the action; and (ii) whether any delay in commencing the action has prejudiced or may prejudice the defendant; and 867

868 Limitation, Etc., Act 11 ELIZ. II. No. 20, (b) (in a case where a previous action commenced by or on behalf of the plaintiff against the defendant for the same cause has failed by reason of the plaintiff's action not having been commenced within the period of limitation prescribed by section five of " The Law Reform (Limitation of Actions) Act of 1956 "), the fact of that first action having been brought as well as the circumstances thereof.