18
CAP. 347]
Dependants subject to different time limits.
1975 c. 54, s. 1. (Cap. 22.)
Court's power to override time
limits.
1975 c. 54, s. I.
(Cap. 22.)
Limitation
[1986 Ed.
other Ordinance, or any other reason); and where any such action by the injured person would have been barred by the time limit in section 27, no account shall be taken of the possibility of that time limit being overridden under section 30.
(3) An action under the Fatal Accidents Ordinance shall not be brought after the expiration of 3 years from-
(a) the date of death; or
(b) the date of knowledge of the person for whose benefit the
action is brought,
whichever is the later.
(4) Subsection (3) shall not apply to an action for which a period of limitation is prescribed by or under any Ordinance other than this Ordinance, and section 27 shall not apply to an action under the Fatal Accidents Ordinance.
(5) An action under the Fatal Accidents Ordinance shall be one to which section 22 applies, but otherwise sections 22 to 26, inclusive, and Part IV shall not apply to the action.
(Replaced, 67 of 1976, s. 5)
29. (1) This section applies where there is more than one person for whose benefit an action under the Fatal Accidents Ordinance is brought.
(2) Section 28(3)(b) shall be applied separately to each of them, and if that would debar one or more of them, but not all, the court shall direct that any person who would be so debarred shall be excluded from those for whom the action is brought unless it is shown that if the action were brought exclusively for the benefit of that person it would not be defeated by a defence of limitation (whether in consequence of section 22, or an agreement between the parties not to raise the defence, or otherwise).
(Replaced, 67 of 1976, s. 5)
30. (1) If it appears to the court that it would be equitable to allow an action to proceed having regard to the degree to which-
(a) the provisions of section 27 or 28 prejudice the plaintiff or
any person whom he represents; and
(b) any decision of the court under this subsection would prejudice the defendant or any person whom he represents,
the court may direct that those provisions shall not apply to the action, or shall not apply to any specified cause of action to which the action relates.
(2) The court shall not under this section disapply section 28(2) except where the reason why the person injured could no longer maintain an action was because of the time limit in section 27; so that if, for example, the person injured could at his death no longer maintain an action under the Fatal Accidents Ordinance