XN000022-1990-02-16 — Page 5

FRIDAY, FEBRUARY 16, 1990

*

PERIOD

REDUCE FROM 20 YEARS TO 12 YEARS, THE IT IS POSSIBLE TO BRING LEGAL PROCEEDINGS TO AND OTHER INTERESTS IN REAL PROPERTY; AND

AN

ACTION

WITHIN WHICH RECOVER LAND

DISAPPLY

HAS

TIME LIMITS BEEN FRAUD,

MODERNISE STATUTORY PROVISIONS WHICH

WHERE THERE FOR STARTING DELIBERATE CONCEALMENT OR MISTAKE.

THE

EXTENDED

TIME LATENT

ACTIONS INVOLVING

LIMITS DAMAGE.

RELATE

THEY ARE

TO

COMMENCING MODELLED

ON

NEGLIGENCE SIMILAR

PROVISIONS IN THE ENGLISH LATENT DAMAGE ACT 1986.

YEARS FROM A AGAINST ACTION THE DAMAGE OCCURRED

IT IS PROPOSED THAT A PLAINTIFF SHOULD HAVE THREE

то START AN OF DISCOVERY THE DATE

ACT CAUSING DEFENDANT EVEN IF THE OUTSIDE THE NORMAL SIX YEARS' TIME LIMIT FOR COMMENCING AN ACTION.

OF NEGLIGENT

DAMAGE

THAN 15 YEARS AFTER HOWEVER, NO ACTION MAY BE BROUGHT LATER THE ACT OR OMISSION WHICH IS ALLEGED TO HAVE CAUSED THE DAMAGE.

BUT

BY

WILL BENEFIT NOT MERELY THE THE EXTENDED LIMITATION PERIOD

DEFENDANT, PERSON WHO HAS THE ORIGINAL CAUSE OF ACTION AGAINST A

AN INTEREST

AFFECTED ALSO ANY PERSON WHO ACQUIRES LATENT DAMAGE.

IN PROPERTY

UP

THE

BUILDING WITH NEGLIGENTLY THIS MEANS THAT THE PURCHASER OF A LAID FOUNDATIONS WILL BE ABLE TO SUE THE BUILDER FOR LATENT DAMAGE

THE DEFECTIVE WORK EVEN TO 15 YEARS AFTER THE DATE OF PURCHASER WAS NOT THE FIRST OWNER.

THOUGH

THE PERIOD WITHIN THE REDUCTION FROM 20 YEARS TO 12 YEARS OF

LAND AND WHICH IT IS POSSIBLE TO BRING LEGAL PROCEEDINGS TO RECOVER

A CHANGE CONSEQUENTIAL TO THE OTHER INTERESTS IN REAL PROPERTY IS

WHICH REDUCED CONVEYANCING AND PROPERTY (AMENDMENT) ORDINANCE 1988,

WHICH A VENDOR OF FROM 25 YEARS TO 15 YEARS THE MINIMUM PERIOD FOR LAND IS REQUIRED TO PRODUCE DOCUMENTS TO PROVE TITLE.

FROM CLAINS

THE CHANGE IS NEEDED SO AS TO PROTECT A PURCHASER WHICH PRE-DATE THE PERIOD OF GOOD TITLE WHICH A VENDOR MUST SHOW.

THE

PROVISIONS

WHICH

DEAL

POSTPONEMENT

OF

THE

WITH THE OF FRAUD, CONCEALMENT AND MISTAKE ARK -LIMITATION PERIOD IN CASES

1980. THIS ACT REPRODUCES, DERIVED FROM THE ENGLISH LIMITATION ACT IN STATUTORY FORM, THE DEVELOPMENT OF IMPORTANT CASE LAW IN THIS AREA.

FOR POSTPONEMENT FRAUD OR MISTAKE. IN PLAINTIFF IN SUCH

CURRENTLY, THE LIMITATION ORDINANCE PROVIDES OF LIMITATION PERIODS IN CASES INVOLVING OTHER WORDS, TIME DOES NOT BEGIN TO RUN AGAINST A CASES UNTIL THE PLAINTIFF HAS DISCOVERED THE FRAUD OR MISTAKE.

INCLUDE CASES THE ENGLISH PROVISION HAS SINCE BEEN AMENDED TO

ΤΟ FACTS IN RESPONSE

A

OF OF

NUMBER CONCEALMENT OF DELIBERATE

THE LOCAL PROVISION IS JUDICIAL DECISIONS. A SIMILAR AMENDMENT TO THEREFORE NECESSARY.

THE BILL IS EXPECTED TO COUNCIL ON FEBRUARY 28.

BE INTRODUCED

INTO THE

LEGISLATIVE

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