TASIn ForceAct
Limitation Act 1974
32Postponement of limitation periods in case of fraud or mistake
Start here
Get a plain-English read of 32
Turn the raw legal text into a practical explanation grounded in Limitation Act 1974.
### 32 Postponement of limitation periods in case of fraud or mistake
> > (1) Subject to [subsection (2)](#GS32@Gs2@EN) where, in the case of any action for which a period of limitation is prescribed by this Act –
> >
> > > > (a) the action is based upon the fraud of the defendant or his agent or of any person through whom he claims or his agent;
> > >
> > > > (b) the right of action is concealed by the fraud of any person referred to in [paragraph (a)](#GS32@Gs1@Hpa@EN) ; or
> > >
> > > > (c) the action is for relief from the consequences of a mistake –
> >
> > the period of limitation shall not begin to run until the plaintiff has discovered the fraud or the mistake, as the case may be, or could with reasonable diligence have discovered it.
>
> > (2) Nothing in [subsection (1)](#GS32@Gs1@EN) shall enable any action to be brought to recover or enforce any charge against or set aside any transaction affecting any property which –
> >
> > > > (a) in the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know or have reason to believe that any fraud had been committed; or
> > >
> > > > (b) in the case of mistake, has been purchased for valuable consideration subsequently to the transaction in which the mistake was made by a person who did not know or have reason to believe that the mistake had been made.