Pre-existing judgments and settlements
5 Pre-existing judgments and settlements
In this clause—
previously barred cause of action means a cause of action that was not maintainable immediately before 1 September 1990, but to which clause 4 applies.
Without affecting the generality of Division 3 of Part 3, an action on a previously barred cause of action may be brought as a result of an order made under Subdivision 3 of that Division, even though—
a judgment on the cause of action has, on the ground that a limitation period applying to the cause of action had expired before 1 September 1990, been given (whether before, on or after that date), or
a judgment in respect of legal professional negligence has, on the ground that a limitation period applying to the cause of action had expired before 1 September 1990, been given (whether before, on or after that date),
or both.
Such an action may be brought as if the action in which such a judgment was given had not itself been commenced.
If such an action is brought after 1 September 1990 on such a previously barred cause of action, the court hearing the action may, if it decides that it is just and reasonable to do so, do any or all of the following—
set aside any such judgment already given on or in relation to the cause of action,
take into account any amounts paid or payable by way of damages under any such judgment,
take into account any amounts paid or payable by way of costs in connection with any action in which any such judgment was given.
The Supreme Court may, on application, exercise the power to set aside a judgment under subclause (4) (a) even though it is not hearing the action.
A court (other than the Supreme Court) may not, under this clause, set aside a judgment of any other court.
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