56AExtension of limitation period by court

#### 56A Extension of limitation period by court 56A Extension of limitation period by court > > (1) A person claiming to have a cause of action for defamation may apply to the court for an order extending the limitation period for the cause of action. > > > (2) A court may extend the limitation period to a period of up to 3 years running from the date of the alleged publication of the matter if the plaintiff satisfies the court that it is just and reasonable to allow an action to proceed. > > > (3) In determining whether to extend the limitation period, the court is to have regard to all of the circumstances of the case and in particular to— > > > > > (a) the length of, and the reasons for, the plaintiff’s delay, and > > > > > (b) if a reason for the delay was that some or all of the facts relevant to the cause of action became known to the plaintiff after the limitation period expired— > > > > > > > (i) the day on which the facts became known to the plaintiff, and > > > > > > > (ii) the extent to which the plaintiff acted promptly and reasonably once the plaintiff knew whether or not the facts might be capable of giving rise to an action, and > > > > > (c) the extent, having regard to the delay, to which relevant evidence is likely to be unavailable or less cogent than if the action had been brought within the limitation period. > > **s 56A:** Ins 2002 No 136, Sch 2.2 \[2\]. Subst 2005 No 77, Sch 5.2 \[2\]. Am 2020 No 16, Sch 2\[3\].