XN000022-1990-02-28 — Page 11

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WEDNESDAY, FEBRUARY 28, 1990

"HOWEVER, IN ORDER TO ELIMINATE THE

POSSIBILITY THAT SOMEONE IS SUED BY VIRTUE OF THIS NEW PROVISION A GREAT MANY YEARS AFTER THE NEGLIGENT ACT OR OMISSION OCCURRED, CLAUSE 13 OF THE BILL PROVIDES THAT NO ACTION SHALL BE BROUGHT AFTER THE EXPIRY OF PERIOD OF 15 YEARS FOLLOWING THE DATE OF THAT ACT OR ALLEGEDLY CAUSED THE DAMAGE, HE SAID.

"I

AN OVERRIDING OMISSION WHICH

ON THE DATE

MR MATHEWS NOTED THAT PROBLEMS COULD ARISE WHERE, ON WHICH A PLANTIFF HAD THE KNOWLEDGE REQUIRED FOR BRINGING AN ACTION HE WAS UNDER A LEGAL DISABILITY SUCH AS INFANCY.

CLAUSE 11 PROVIDED THAT IN SUCH SITUATION, AN ACTION MIGHT BE BROUGHT WITHIN THREE YEARS FROM THE DATE UPON WHICH THE PLAINTIFF CEASED TO BE UNDER THE DISABILITY, PROVIDED THAT THIS DID NOT 00 BEYOND THE OVERRIDING 15 YEARS PERIOD.

MR MATHEWS SAID THERE HAD BEEN DIFFICULTIES WHERE SUCCESSIVE OWNERS OF A PROPERTY WHICH HAD A HIDDEN DEFECT.

THERE WERE

CLAUSE 13 THUS ALSO PROVIDED THAT A PERSON WHO ACQUIRED PROPERTY SO AFFECTED WOULD BE ABLE TO MAINTAIN AN ACTION AGAINST THE RESPONSIBLE PARTY PROVIDED THAT NO PREVIOUS OWNER HAD BEEN AWARE OF THAT LATENT DEFECT.

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THE PROPOSED CHANGES ΤΟ THE LAW OF LIMITATION IN ACTIONS INVOLVING FRAUD, CONCEALMENT AND MISTAKE WERE CONTAINED IN CLAUSE 12.

"ITS EFFECT IS TO POSTPONE THE COMMENCEMENT OF ANY LIMITATION PERIOD UNDER THE LIMITATION ORDINANCE SO AS NOT ΤΟ PREJUDICE A PLAINTIFF WHO HAS SUFFERED FROM FRAUD, THE DELIBERATE CONCEALMENT OF FACTS OR FROM THE CONSEQUENCES OF A MISTAKE.

"IN SUCH CASES THE LIMITATION PERIOD WILL ONLY COMMENCE WHEN THE PLAINTIFF HAS DISCOVERED, OR COULD WITH REASONABLE DILIGENCE HAVE DISCOVERED, THE FRAUD, CONCEALMENT OR MISTAKE, THE ATTORNEY GENERAL

SAID.

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5,

MR MATHEWS POINTED OUT THAT THE CHANGES PROPOSED IN CLAUSES 6 7 AND 8 WOULD REDUCE FROM 20 YEARS TO 12 YEARS THE PERIOD WITHIN WHICH IT WAS POSSIBLE TO BRING CERTAIN LEGAL PROCEEDINGS AFFECTING PROPERTY, IN PARTICULAR ACTIONS TO RECOVER LAND OR TO REDEEM MORTGAGED LAND.

"THE PROPOSED CHANGES ARE CONSEQUENT UPON CHANGES EFFECTED BY THE CONVEYANCING AND PROPERTY (AMENDMENT) ORDINANCE 1988.

LEGISLATION

THE

"DURING THE COURSE OF THE PASSAGE OF THAT PIECE OF THROUGH THIS COUNCIL ON JUNE 1, THIS YEAR, I ASSURED MEMBERS THAT ADMINISTRATION WOULD CAREFULLY CONSIDER A PROPOSAL PUT FORWARD BY THE LATE MR PETER C. WONG, WHICH RELATED TO THE STATUTORY LIMITATION PERIODS FOR ACTIONS FOR THE RECOVERY OF LAND.

"THAT PROPOSAL IS FULLY REFLECTED IN THE BILL," HE SAID.

DEBATE ON THE BILL WAS ADJOURNED.

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