62DExtension of limitation period where irrational failure to bring action for minor

#### 62D Extension of limitation period where irrational failure to bring action for minor 62D Extension of limitation period where irrational failure to bring action for minor > > (1) A person claiming to have a cause of action to which Division 6 of Part 2 applies who was a minor at the time of the act or omission alleged to have resulted in the injury or death with which the cause of action is concerned may apply to a court for the extension of a limitation period applicable to the cause of action on the basis that the failure to bring an action founded on the cause of action within that limitation period is attributable to an irrational decision by a parent or guardian of the person made after the cause of action is discoverable (within the meaning of Division 6 of Part 2) by the parent or guardian. > > > (2) If it appears to the court that— > > > > > (a) the limitation period applicable to the cause of action expired before or within 1 year after the applicant reached 18 years of age, and > > > > > (b) the failure to bring an action on the cause of action within that limitation period is attributable to an irrational decision by a parent or guardian of the applicant made while the applicant was a minor, and > > > > > (c) there is evidence to establish the cause of action, apart from any defence founded on the expiration of a limitation period, > > > > the court may order that the limitation period for the cause of action be extended so that it expires at the end of one year after the making of the court’s order. > > > (3) If a court orders the extension of a limitation period for a cause of action under this section, that limitation period is accordingly extended for the purposes of— > > > > > (a) an action brought by the applicant in that court on the cause of action that the applicant claims to have, and > > > > > (b) section 26 (1) (b) in relation to any associated action for contribution under section 5 (1) of the [Law Reform (Miscellaneous Provisions) Act 1946](/view/html/inforce/current/act-1946-033) brought by the person against whom that cause of action lies. > > **pt 3, div 4 (ss 62A–62F):** Ins 2002 No 92, Sch 4.6 \[9\].