Under s 27(b) of the Limitation of Actions Act 1958 (Vic), the fraudulent concealment of the identity of a tortfeasor — including a thief who steals a chattel — postpones the commencement of the limitation period, even where the owner knows the theft has occurred. The English decision in RB Policies at Lloyd's v Butler, which held that time runs from the date of theft regardless of the owner's ignorance of the thief's identity, should not be followed in Victoria. The proviso to s 27 protects only bona fide purchasers for value without notice; a donee who received stolen property under a will cannot rely on the proviso. Section 23B creates a separate regime for defamation limitation extensions that is unaffected by s 27.
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