NSWIn ForceAct
Limitation Act 1969
74Set off etc
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#### 74 Set off etc
74 Set off etc
> > (1) Where, in an action (in this section called the principal action), a claim is made by way of set off, counterclaim or cross action, the claim, for the purposes of this Act—
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> > > (a) is a separate action, and
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> > > (b) is, as against a person against whom the claim is made, brought on the only or earlier of such of the following dates as are applicable—
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> > > > (i) the date on which the person becomes a party to the principal action, and
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> > > > (ii) the date on which the person becomes a party to the claim.
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> > (2) This section extends to a claim by way of set off made by a defendant under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028), even if one or more of the debts giving rise to the set off became due and payable after the date on which the defendant became a party to the principal action, so long as at least one of those debts became due and payable on or before that date.
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> **s 74:** Am 2005 No 28, Sch 5.29 \[1\].