89BSuspension of limitation periods

89B Suspension of limitation periods

[Section 89B Inserted by No. 14 of 2019, s. 10, Applied:09 Sep 2019]

(1)  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.

(2)  The limitation period does not begin to run again unless  –

(a) the member opts out of the proceedings under section 71 ; or

(b) the proceedings are discontinued; or

(c) the proceedings, and any appeals arising from the proceedings, are determined without finally disposing of the group member’s claim.

(3)  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.

(4)  This section applies despite anything in the Limitation Act 1974 or any other law.