Suspension of limitation periods
89B Suspension of limitation periods
On the commencement of any representative proceedings, the running of the limitation period that applies to the claim of a group member to which the proceedings relate is suspended.
The limitation period does not begin to run again unless – the member opts out of the proceedings under section 71; or the proceedings are discontinued; or the proceedings, and any appeals arising from the proceedings, are determined without finally disposing of the group member’s claim.
However, nothing in this section affects the running of a limitation period in respect of a group member who, immediately before the commencement of the representative proceedings, was barred by the expiration of that period from commencing proceedings in the member’s own right in respect of a claim in the representative proceedings.
This section applies despite anything in the Limitation Act 1974 or any other law.
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