Limitation Act 1981

An action to recover contribution under section 12 of the Law

Reform (Miscellaneous Provisions) Act 1956 is not maintainable if brought after the first to expire of:

a limitation period of 2 years from the date on which the right of action to recover contribution first accrued to the plaintiff or to a person through whom he claims; or

a limitation period of 4 years from the date of the expiration of the limitation period for the principal action.

For the purposes of subsection (1)(a), the date on which a right of action to recover contribution first accrues is:

if the plaintiff in the action to recover contribution or a person through whom he claims is liable in respect of the damage for which contribution is claimed by judgment in a civil action or by arbitral award – the date on which the judgment is given or the award made, whether or not in the case of a judgment the judgment is afterwards varied as to quantum or damages; or

if, in a case to which paragraph (a) does not apply, the plaintiff in the action to recover contribution or a person through whom he claims makes an agreement with a person having a cause of action for the damage for which the cause of action to recover contribution arises, which agreement fixes, as between the parties to the agreement, the amount of the liability in respect of that damage of the plaintiff in the action for contribution or a person through whom he claims – the date on which the agreement is made.

In subsection (1)(b), the expression the limitation period for the principal action means the limitation period prescribed by this Act or by any other enactment (including an Act or an enactment repealed or omitted by this Act) for the action for the liability in respect of which contribution is sought.

Nothing in this section affects the construction of section 12 of the Law Reform (Miscellaneous Provisions) Act 1956.

Division 3 Mortgages