16
CAP. 347]
Limitation
[1986 Ed.
!
Time limit for personal injuries.
1975 c. 54, s. 1.
(Cap. 23.)
(b) the right of action is concealed by the fraud of any such person; or
(c) the action is for relief from the consequences of a mistake, the period of limitation shall not begin to run until the plaintiff has discovered the fraud or the mistake, as the case may be, or could with reasonable diligence have discovered it:
Provided that nothing in this section shall enable any action to be brought to recover, or enforce any charge against, or set aside any transaction affecting, any property which-
(i) in the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know or have reason to believe that any fraud had been committed; or (ii) in the case of mistake, has been purchased for valuable consideration, subsequently to the transaction in which the mistake was made, by a person who did not know or have reason to believe that the mistake had been made.
Special provisions applicable to certain actions in respect of personal injuries
27. (1) This section applies to any action for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under an Ordinance or imperial enactment or independently of any contract or any such provision) where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to the plaintiff or any other person.
(2) Section 4 shall not apply to an action to which this section applies.
(3) Subject to section 30, an action to which this section applies shall not be brought after the expiration of the period specified in subsections (4) and (5).
(4) Except where subsection (5) applies, the said period is 3 years from--
(a) the date on which the cause of action accrued; or (b)
(b) the date (if later) of the plaintiff's knowledge.
(5) If the person injured dies before the expiration of the period in subsection (4), the period as respects the cause of action surviving for the benefit of the estate of the deceased by virtue of section 20 of the Law Amendment and Reform (Consolidation) Ordinance shall be 3 years from-
(a) the date of death; or
(b) the date of the personal representative's knowledge, whichever is the later.
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