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LIMITATION (CHAPTER 14)

LAWS OF BRUNEI

CHAPTER 14

LIMITATION

S 25/91

REVISED EDITION 2000

(31st October 2000)

REVISED EDITION 2000

CHAPTER 14

LIMITATION

Section

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

1. Citation.

2. Application.

3. Application to the Government.

4. Interpretation.

PART II

ORDINARY TIME LIMITS

5. Time limits subject to extension or exclusion.

6. Actions founded on tort.

7. Successive conversions, etc.

8. Theft.

9. Actions founded on simple contract.

10. Actions on certain loans.

11. Enforcement of certain awards.

12. Actions on a specialty.

13. Sums recoverable by statue.

14. Claiming contribution.

15. Personal injuries.

16. Fatal Accidents legislation.

17. Operation of section 16.

18. Date of knowledge under section 15 and 16.

19. Special time limit for negligence.

20. Overriding time limit for negligence.

21. Recovery of land.

22. Redemption actions.

23. Extinction of title of land.

24. Land held on trust.

25. Recovery of rent.

26. Recovery of money secured or of proceeds of the sale of land.

27. Trust property.

28. Personal estate of a deceased person.

29. Actions for an account.

30. Enforcement of judgments.

31. Administration to date back to death.

PART I

PART III

EXTENSION OR EXCLUSION OF ORDINARY TIME LIMITS

32. Disability.

33. Extension for cases where section 19(4) (b) applies.

34. Accrual to successive owners in case of latent damage.

35. Acknowledgment or part payment.

36. Formal provisions as to acknowledgments and part payment.

37. Effect of acknowledgment or part payment.

38. Postponement of limitation period.

39. Discretionary extension of time limit for actions for libel orslander.

40. Discretionary exclusion of time limit for actions in respect ofpersonal injuries or death.

PART IV

FOREIGN LIMITATION PERIODS

41. Application of foreign limitation law.

42. Exceptions to section 41.

43. Foreign judgments on limitation points.

44. Law relating to limitation.

45. Application of Part to arbitrations.

PART V

MISCELLANEOUS AND GENERAL

46. Application of Act to arbitrations.

47. New claims in pending actions : rules of court.

48. Equitable jurisdiction and remedies.

49. Saving for other limitation enactments.

50. Limitation to be pleaded.

51. Set-off and counterclaim.

LIMITATION ACT

An Act to amend and consolidate the Law relating to the limitation of actions and for purposes connected therewith

Commencement : 1st September, 1991

[S 26/91]

PART I

PRELIMINARY

Citation.

1. This Act may be cited as the Limitation Act

Application.

2. (1) This Act shall apply to any action commenced after the dateof coming into force of this Act, whether the cause of action accrued before orafter that date.

(2) Any action commenced before the date of coming into force of this Act,shall continue in accordance with, and be bound by, the provisions of LimitationAct (repealed by this Act).

Application to the Government.

3. (1) Except as otherwise expressly provided in this Act, andwithout prejudice to section 49 of this Act, this Act shall not apply toproceedings by or against the Government.

(2) For the removal of doubt, it is declared that this Act shall not applyto —

(a) any proceedings by the Government for the recovery of any tax orduty or interest on any tax or duty;

(b) any forfeiture proceedings under any written law relating tocustoms or excise; or

(c) any proceedings in respect of the forfeiture of a ship.

Interpretation.

4. (1) In this Act, unless the context otherwise requires—

“action” includes any proceeding in a court of law;

“land” includes corporeal hereditaments and rent charges and anylegal or equitable estate or interest therein, including an interest in theproceeds of the sale of land held upon trust for sale, but except as providedabove in this definition does not include any incorporeal hereditament;

“personal estate” and “personal property” do notinclude chattels real;

“personal injuries” includes any disease and any impairment of aperson’s physical or mental condition, and “injury” andcognate expressions shall be construed accordingly;

“rent” includes a rentcharge and a rent service;

“rentcharge” means any annuity or periodical sum of money chargedupon or payable out of land, except a rent service or interest on a mortgage onland;

“trust” and “trustee” have the same meaningsrespectively as in the Trustee Act, 1925 of the United Kingdom;

“trust for sale” has the same meaning as in the Law of Property Act, 1925 of the United Kingdom.

(2) For the purposes of this Act a person shall be treated as under adisability while he is an infant, or of unsound mind.

(3) For the purposes of subsection (2), a person is of unsound mind if heis a person who, by reason of mental disorder, is incapable of managing andadministering his property and affairs.

(4) Without prejudice to the generality or subsection (3), a person shallbe conclusively presumed for the purposes of subsection (2) to be of unsoundmind while he is liable to be detained or subject to guardianship under any lawin force relating to mental health.

(5) Subject to subsection (6), a person shall be treated as claimingthrough another person if he became entitled by, through, under, or by the actof that other person to the right claimed.

(6) A person becoming entitled to any estate or interest by virtue of aspecial power of appointment shall not be treated as claiming through theappointor.

(7) References in this Act to a right action to recover land shall includereferences to a right to enter into possession of the land or, in the case ofrentcharges, to distrain for arrears of rent, and references to the bringing ofsuch an action shall include references to the making of such an entry ordistress.

(8) References in this Act to the possession of land shall, in the case ofrentcharges, be construed as references to the receipt of the rent, andreferences to the date of dispossession or discontinuance of possession of landshall, in the case of rentcharges, be construed as references to the date of thelast receipt of rent.

(9) References in Part III to a right of action shall include references to —

(a) a cause of action;

(b) a right to receive money secured by a mortgage or charge on anyproperty;

(c) a right to recover proceeds of the sale of land; and

(d) a right to receive a share or interest in the personal estate of adeceased person.

(10) References in Part III to the date of the accrual of a right of action shall be construed —

(a) in the case of an action upon a judgment, as references to thedate on which the judgment became enforceable; and

(b) in the case of an action to recover arrears of rent or interest,or damages in respect of arrears of rent or interest, as references to the dateon which the rent or interest became due.

PART II

ORDINARY TIME LIMITS

Time limits subject to extension or exclusion.

5. (1) This Part gives the ordinary time limits for bringing actionsof the various classes mentioned in the following provisions of this Part.

(2) The ordinary time limits given in this Part are subject toextension or exclusion in accordance with the provisions of Part III.

Actions founded on tort.

6. (1) An action founded on tort shall not be brought afterthe expiration of 6 years from the date on which the cause of actionaccrued.

(2) The time limit under subsection (1) shall not apply to an action for libel or slander, but no such action shall be brought after the expiration of 3 years from the date on which the cause of action accrued.

Successive conversions, etc.

7. (1) Where any cause of action in respect of the conversion of achattel has accrued to any person and, before he recovers possession of thechattel, a further conversion takes place, no action shall be brought in respectof the further conversion after the expiration of 6 years from the accrual ofthe cause of action in respect of the original conversion.

(2) Where any such cause of action has accrued to any person and the periodprescribed for bringing that action has expired and he has not during thatperiod recovered possession of the chattel, the title of that person to thechattel shall be extinguished.

Theft.

8. (1) The right of any person from whom a chattel is stolen tobring an action in respect of the theft shall not be subject to the time limitsunder sections 6(1) and 7(1), but if his title to the chattel is extinguishedunder section 7(2) he may not bring an action in respect of a theft precedingthe loss of his title, unless the theft in question preceded the conversion fromwhich time began to run for the purposes of section 7(2).

(2) Subsection (1) shall apply to any conversion related to the theft of achattel as it applies to the theft of a chattel; and except as provided below,every conversion following the theft of a chattel before the person from whom itis stolen recovers possession of it shall be regarded for the purposes of thissection as related to the theft.

If anyone purchases the stolen chattel in good faith neither thepurchase nor any conversion following it shall be regarded as related to thetheft.

(3) Any cause of action accruing in respect of the theft or anyconversion related to the theft of a chattel to any person from whom the chattelis stolen shall be disregarded for the purpose of applying sections 7(1) or (2)to his case.

(4) Where in any action brought in respect of the conversion of a chattelit is proved that the chattel was stolen from the plaintiff or anyone throughwhom he claims it shall be presumed that any conversion following the theft isrelated to the theft unless the contrary is shown.

(5) In this section “theft” includes —

(a) any conduct outside Brunei Darussalam which would be theft ifcommitted in Brunei Darussalam; and

(b) obtaining any property (in Brunei Darussalam or elsewhere) in the circumstances described in section 415 of the Penal Code

(Chapter 22) or by extortion within the meaning of section 383 of that Code;

and references in this section to a chattel being “stolen” shallbe construed accordingly.

Actions founded on simple contract.

9. An action founded on simple contract shall not be brought after theexpiration of 6 years from the date on which the cause of action accrued.

Actions on certain loans.

10. (1) Subject to subsection (3), section 9 shall not bar the rightof action on a contract of loan to which this section applies.

(2) This section applies to any contract of loan which —

(a) does not provide for repayment of the debt on or before a fixed ordeterminable date; and

(b) does not effectively (whether or not it purports to do so) makethe obligation to repay the debt conditional on a demand for repayment made byor on behalf of the creditor or on any other matter;

except where in connection with taking the loan the debtor enters into anycollateral obligation to pay the amount of the debt or any part of it (as, forexample, by delivering a promissory note as security for the debt) on termswhich would exclude the application of this section to the contract of loan ifthey applied directly to repayment of the debt.

(3) Where a demand in writing for repayment of the debt under a contract ofloan to which this section applies is made by or on behalf of the creditor (or,where there are joint creditors, by or on behalf of any one of them) section 9shall thereupon apply as if the cause of action to recover the debt had accruedon the date on which the demand was made.

(4) In this section, “promissory note” has the same meaning asin subsection (1) of section 88 the Bills of Exchange Act (Chapter 172).

Enforcement of certain awards.

11. An action to enforce an award, where the submission is not by aninstrument under seal, shall not be brought after the expiration of 6 years fromthe date on which the cause of action accrued.

Actions on a specialty.

12. (1) An action upon a specialty shall not be brought after the expiration of 12 years from the date on which the cause of actionaccrued.

(2) Subsection (1) shall not effect any action for which a shorter periodof limitation is prescribed by any other provision of this Act.

Sums recoverable by statute.

13. (1) An action to recover any sum recoverable by virtue of any written law shall not be brought after the expiration of 6 years fromthe date on which the cause of action accrued.

(2) Subsection (1) shall not affect any action to which section 14 of thisAct applies.

Claiming contribution.

14. (1) Where under section 14 of the Fatal Accidents and PersonalInjuries Act (Chapter 160), any person becomes entitled to a right to recovercontribution in respect of any damage from any other person, no action torecover contribution by virtue of that right shall be brought after the expiration of two years from the date on which that right accrued.

(2) For the purposes of this section the date on which a right to recover contribution in respect of any damage accrues to any person (referred to below in this section as “the relevant date”) shall be ascertained as provided in subsections (3) and (4).

(3) If the person in question is held liable in respect of thatdamage —

(a) by a judgment given in any civil proceedings; or

(b) by an award made on any arbitration;

the relevant date shall be the date on which the judgment is given, or thedate of the award (as the case may be).

For the purposes of this subsection no account shall be taken of any judgmentor award given or made on appeal in so far as it varies the amount of damagesawarded against the person in question.

(4) If, in any case not within subsection (3), the person in question makesor agrees to make any payment to one or more persons in compensationfor that damage (whether he admits any liability in respect of the damage ornot), the relevant date shall be the earliest date on which the amount to bepaid by him is agreed between him (or his representative) and the person (oreach of the persons, as the case may be) to whom the payment is to be made.

(5) An action to recover contribution shall be one to which sections 32, 38 and 47 apply, but otherwise Parts III and V (except section 46) shall not apply for the purposes of this section.

Personal injuries.

15. (1) This section applies to any action for damages fornegligence, nuisance or breach of duty (whether the duty exists by virtue of acontract or of provision made by or under a written law or independently of anycontract or any such provision) where the damages claimed by the plaintiff forthe negligence, nuisance or breach of duty consist of or include damages inrespect of personal injuries to the plaintiff or any other person.

(2) None of the time limits given in the preceding provisions of this Act shall apply to an action to which this section applies.

(3) An action to which this section applies shall not be brought after the expiration of the period applicable in accordance with subsections (4) or (5).

(4) Except where subsection (5) applies, the period applicable is 3 years from —

(a) the date on which the cause of action accrued; or

(b) the date of knowledge (if later) of the person injured.

(5) If the person injured dies before the expiration of the periodmentioned in subsection (4), the period applicable as respects the cause ofaction surviving for the benefit of his estate by virtue of section 11 of theFatal Accidents and Personal Injuries Act (Chapter 160) shall be 3 years from—

(a) the date of death; or

(b) the date of the personal representative’s knowledge, whichever is the later.

(6) For the purposes of this section “personal representative” includes any person who is or has been a personalrepresentative of the deceased, including an executor who has not proved thewill (whether or not he has renounced probate); and regard shall be had to any knowledge acquired by any such person while a personal representativeor previously.

(7) If there is more than one personal representative, and their dates ofknowledge are different, subsection 5 (b) shall be read as referring tothe earliest of those dates.

Fatal Accidents legislation.

16. (1) An action under Part II of the Fatal Accidents and PersonalInjuries Act (Chapter 160), shall not be brought if the death occurred when theperson injured could no longer maintain an action and recover damages in respectof the injury (whether because of a time limit in this Act or in any otherwritten law, or for any other reason).

Where any such action by the injured person would have been barred by thetime limit in section 15, no account shall be taken of the possibility of thattime limit being overridden under section 40.

(2) None of this time limits given in the preceding provisions of this Actshall apply to an action under Part II of the Fatal Accidents and PersonalInjuries Act (Chapter 160), but no such action shall be brought after theexpiration of 3 years from —

(a) the date of death; or

(b) the date of knowledge of the person for whose benefit the actionis brought;

whichever is the later.

(3) An action under Part II of the Fatal Accidents and Personal InjuriesAct (Chapter 160) shall be one to which sections 32, 40 and 47 of this Actapply, and the application to any such action of the time limit under subsection(2) shall be subject to section 49; but otherwise Parts III and IV of this Actshall not apply to any such action.

Operation of section 16.

17. (1) Where there is more than one person for whose benefit anaction under Part II of the Fatal Accidents and Personal Injuries Act (Chapter160) is brought, section 1 6(2) (b) of this Act shall be appliedseparately to each of them.

(2) Subject to subsection (3), if by virtue of subsection (1) the action would be outside the time limit given by section 16(2) as regards one or more, but not all, of the persons for whose benefit it is brought, the court shall direct that any person as regards, whom the action would be outside that limit shall be excluded from those for whom the action is brought.

(3) The court shall not give such a direction if it is shown that if theaction were brought exclusively for the benefit of the person in question itwould not be defeated by a defence of limitation (whether in consequence ofsection 32 or an agreement between the parties not to raise the defence, orotherwise).

Date of knowledge under sections 15 and 16.

18. (1) In sections 15 and 16 references to a person’s date ofknowledge are references to the date on which he first had knowledge of thefollowing facts —

(a) that the injury in question was significant; and

(b) that the injury, was attributable in whole or in part to the actor omission which is alleged to constitute negligence, nuisance or breach ofduty; and

(c) the identity of the defendant; and

(d) if it is alleged that the act or omission was that of a personother than the defendant, the identity of that person and the additional factssupporting the bringing of an action against the defendant;

and knowledge that any acts or omissions did or did not, as a matter of law,involve negligence, nuisance or breach of duty is irrelevant.

(2) For the purposes of this section an injury is significant if the personwhose date of knowledge is in question would reasonably have consideredit sufficiently serious to justify his instituting proceedings for damagesagainst a defendant who did not dispute liability and was able to satisfy ajudgment.

(3) For the purposes of this section a person’s knowledge includesknowledge which he might reasonably have been expected to acquire —

(a) from facts observable or ascertainable by him; or

(b) from facts ascertainable by him with the help of medical or otherappropriate expert advice which it is reasonable for him to seek,

but a person shall not be fixed under this subsection with knowledge of afact ascertainable only with the help of expert advice so long as he has takenall reasonable steps to obtain (and, where appropriate, to act on) thatadvice.

Special time limit for negligence.

19. (1) This section applies to any action for damages fornegligence, other than one to which section 15 applies, where the starting datefor reckoning the period of limitation under subsection (4) (b) fallsafter the date on which the cause of action accrued.

(2) Section 6(1) shall not apply to an action to which this sectionapplies.

(3) An action to which this section applies shall not be brought after theexpiration of the period applicable in accordance with subsection (4).

(4) That period is either —

(a) 6 years from the date on which the cause of action accrued;

or

(b) 3 years from the starting date as defined by subsection (5), if that period expires later than the period mentioned in paragraph (a) .

(5) For the purposes of this section, the starting date for reckoning theperiod of limitation under subsection (4) (b) is the earliest date onwhich the plaintiff or any person in whom the cause of action was vested beforehim first had both the knowledge required for bringing an action for damages inrespect of the relevant damage and a right to bring such an action.

(6) In subsection (5) “the knowledge required for bringing an actionfor damages in respect of the relevant damage” means knowledge both—

(a) of the material facts about the damage in respect of which damagesare claimed; and

(b) of the other facts relevant to the current action mentioned insubsection (8).

(7) For the purposes of subsection (6) (a) , the material facts about the damage are such facts about the damage as would lead a reasonable person who had suffered such damage to consider it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment.

(8) The other facts referred to in subsection (6) (b) are —

(a) that the damage was attributable in whole or in part to that actor omission which is alleged to constitute negligence; and

(b) the identity of the defendant; and

(c) if it is alleged that the act or omission was that of a personother than the defendant, the identity of that person and the additional factssupporting the bringing of an action against the defendant.

(9) Knowledge that any acts or omissions did or did not, as a matter oflaw, involve negligence is irrelevant for the purpose of subsection (5).

(10) For the purposes of this section a person’s knowledge includesknowledge which he might reasonably have been expected to acquire —

(a) from facts observable or ascertainable by him; or

(b) from facts ascertainable by him with the help of appropriateexpert advice which it is reasonable for him to seek;

but a person shall not be taken by virtue of this subsection to haveknowledge of a fact ascertainable only with the help of expert advice so long ashe has taken all reasonable steps to obtain (and, where appropriate, to act on)that advice.

Overriding time limit for negligence.

20. (1) An action for damages for negligence, other than one towhich section 15 applies, shall not be brought after the expiration of 15 yearsfrom the date (or, if more than one, from the last of the dates) on which thereoccurred any act or omission —

(a) which is alleged to constitute negligence; and

(b) to which the damage in respect of which damages areclaimed is alleged to be attributable (in whole or in part).

(2) This section bars the right of action in a case to which subsection (1) applies notwithstanding that —

(a) the cause of action has not yet accrued; or

(b) where section 19 applies to the action, the date which is for thepurposes of that section the starting date for reckoning the period mentioned insubsection (4) (b) of that section has not yet occurred;

before the end of the period of limitation prescribed by this section.

Recovery of land.

21. (1) No action shall be brought by any person to recover any landafter the expiration of 12 years from the date on which the right of actionaccrued to him or, if it first accrued to some person through whom he claims, tothat person.

(2) Subject to the following provisions of this section, where —

(a) the estate or interest claimed was an estate or interest inreversion or remainder or any other future estate or interest and the right ofaction to recover the land accrued on the date on which the estate or interestfell into possession by the determination of the preceding estate or interest;and

(b) the person entitled to the preceding estate or interest (not beinga term of years absolute) was not in possession of the land on that date;

no action shall be brought by the person entitled to the succeeding estate orinterest after the expiration of 12 years from the date on which the right ofaction accrued to the person entitled to the preceding estate or interest or 6years from the date on which the right of action accrued to the person entitledto the succeeding estate or interest, whichever period last expires.

(3) No person shall bring an action to recover any estate or interest inland under an assurance taking effect after the right of action to recover theland had accrued to the person by whom the assurance was made or some personthrough whom he claimed or some person entitled to a preceding estate orinterest, unless the action is brought within the period during which the personby whom the assurance was made could have brought such an action.

(4) Where any person is entitled to any estate or interest in land in possession and, while so entitled, is also entitled to any future estate or interest in that land, and his right to recover the estate or interest in possession is barred under this Act, no action shall be brought by that person, or by any person claiming through him, in respect of the future estate or interest, unless in the meantime possession of the land has been recovered by a person entitled to an intermediate estate or interest.

Redemption actions.

22. When a mortgagee of land has been in possession of any of themortgaged land for a period of 12 years, no action to redeem the land of whichthe mortgagee has been so in possession shall be brought after the end of thatperiod by the mortgagor or any person claiming through him.

Extinction of title of land.

23. Subject to section 22 of this Act, at the expiration of the period prescribed by this Act for any person to bring an action to recover land (including a redemption action) the title of that person to the land shall be extinguished.

Land held on trust.

24. (1) Subject to sections 27(1) and (2), the provisions of thisAct shall apply to equitable interests in land, including interests in theproceeds of the sale of land held upon trust for sale, as they apply to legalestates.

Accordingly a right of action to recover the land shall, for thepurposes of this Act but not otherwise, be treated as accruing to a personentitled in possession to such an equitable interest in the like manner andcircumstances, and on the same date, as it would accrue if his interest were alegal estate in the land.

(2) Where any land is held upon trust (including a trust for sale) and theperiod prescribed by this Act has expired for the bringing of an action torecover the land by the trustees, the estate of the trustees shall not be extinguished if and so long as the right of action to recover the landof any person entitled to a beneficial interest in the land or in the proceedsof sale either has not accrued or has not been barred by this Act; but if andwhen every such right of action has been so barred the estate of the trusteesshall be extinguished.

(3) Where any land is held upon trust (including a trust for sale) anaction to recover the land may be brought by the trustees on behalf of anyperson entitled to a beneficial interest in possession in the land or in theproceeds of sale whose right of action has not been barred by this Act,notwithstanding that the right of action of the trustees would apart from thisprovisions have been barred by this Act.

Recovery of rent.

25. No action shall be brought, or distress made, to recover arrearsof rent, or damages in respect of arrears of rent, after the expiration of 6years from the date on which the arrears became due.

Recovery of money secured or of proceeds of the sale of land.

26. (1) No action shall be brought to recover —

(a) any principal sum of money secured by a mortgage or other chargeon property (whether real or personal); or

(b) proceeds of the sale of land;

after the expiration of 12 years from the date on which the right to receivethe money accrued.

(2) No foreclosure action in respect of mortgaged personal property shallbe brought after the expiration of 12 years from the date on which the right toforeclose accrued.

But if the mortgagee was in possession of the mortgaged property after thatdate, the right to foreclose on the property which was in his possession shallnot be treated as having accrued for the purposes of this subsection until thedate on which his possession discontinued.

(3) The right to receive any principal sum of money secured by a mortgageor other charge and the right to foreclose on the property subject to themortgage or charge shall not be treated as accruing so long as that propertycomprises any future interest or any life insurance policy which has not maturedor been determined.

(4) Nothing in this section shall apply to a foreclosure action in respectof mortgaged land, but the provisions of this Act relating to actions to recoverland shall apply to such an action.

(5) Subject to subsections (6) and (7), no action to recover arrears ofinterest payable in respect of any sum of money secured by a mortgage or othercharge or payable in respect of proceeds of the sale of land, or to recover damages in respect of such arrears shall be brought after theexpiration of 6 years from the date on which the interest became due.

(6) Where —

(a) a prior mortgagee or other incumbrancer has been inpossession of the property charged; and

(b) an action is brought within one year of the discontinuance of thatpossession by the subsequent incumbrancer,

the subsequent incumbrancer may recover by that action all the arrears ofinterest which fell due during the period of possession by the priorincumbrancer or damages in respect of those arrears, notwithstanding that theperiod exceeded 6 years.

(7) Where —

(a) the property subject to the mortgage or charge comprises anyfuture interest or life insurance policy; and

(b) it is a term of the mortgage or charge that arrears of interestshall be treated as part of the principal sum of money secured by the mortgageor charge,

interest shall not be treated as becoming due before the right to recover theprincipal sum of money has accrued or is treated as having accrued.

Trust property.

27. (1) No period of limitation prescribed by this Act shall applyto an action by a beneficiary under a trust, being an action —

(a) in respect of any fraud or fraudulent breach of trust to which thetrustee was a party or privy; or

(b) to recover from the trustee trust property or the proceeds oftrust property in the possession of the trustee, or previously received by thetrustee and converted to his use.

(2) Where a trustee who is also a beneficiary under the trust receives orretains trust property or its proceeds as his share on a distribution of trustproperty under the trust, his liability in any action brought by virtue ofsubsection (1) (b) to recover that property or its proceeds after theexpiration of the period of limitation prescribed by this Act for bringing anaction to recover trust property shall be limited to the excess over his propershare.

This subsection only applies if the trustee acted honestly andreasonably in making the distribution.

(3) Subject to the preceding provisions of this section, an action by abeneficiary to recover trust property or in respect of any breach of trust, notbeing an action for which a period of limitation is prescribed by any otherprovision of this Act, shall not be brought after the expiration of 6 years fromthe date on which the right of action accrued.

For the purposes of this subsection, the right of action shall not be treatedas having accrued to any beneficiary entitled to a future interest in the trustproperty until the interest fell into possession.

(4) No beneficiary as against whom there would be a good defence under thisAct shall derive any greater or other benefit from a judgment or order obtainedby any other beneficiary that he could have obtained if he had brought theaction and this Act had been pleaded in defence.

Personal estate of a deceased person.

28. Subject to sections 27(1) and (2) —

(a) no action in respect of any claim to the personal estate of adeceased person or to any share or interest in any such estate (whether under awill or on intestacy shall be brought after the expiration of 12 years from thedate on which the right to receive the share or interest accrued; and

(b) no action to recover arrears of interest in respect of any legacy,or damages in respect of such arrears, shall be brought after the expiration of6 years from the date on which the interest became due.

Actions for an account.

29. An action for an account shall not be brought after the expirationof any time limit under this Act which is applicable to the claim which is thebasis of the duty to account.

Enforcement of judgments.

30. (1) An action shall not be brought upon any judgment after theexpiration of 6 years from the date on which the judgment becameenforceable.

(2) No arrears of interest in respect of any judgment debt shall berecovered after the expiration of 6 years from the date on which the interestbecame due.

Administration to date back to death.

31. For the purposes of the provisions of this Act relating to actionsfor the recovery of land an administrator of the estate of a deceased personshall be treated as claiming as if there had been no interval of time betweenthe death of the deceased person and the grant of the letters ofadministration.

PART III

EXTENSION OR EXCLUSION OF ORDINARY TIME LIMITS

Disability.

32. (1) Subject to the following provisions of this section, if onthe date when any right of action accrued for which a period of limitation is prescribed by this Act, the person to whom it accrued was under adisability, the action may be brought at any time before the expiration of 6years from the date when he ceased to be under a disability or died (whicheverfirst occurred) notwithstanding that the period of limitation has expired.

(2) This section shall not affect any case where the right of action firstaccrued to some person (not under a disability) through whom the person under adisability claims.

(3) When a right of action which has accrued to a person under a disabilityaccrues, on the death of that person while still under a disability, to anotherperson under a disability, no further extension of time shall be allowed byreason of the disability of the second person.

(4) No action to recover land or money charged on land shall be brought byvirtue of this section by any person after the expiration of 30 years from thedate on which the right of action accrued to that person or some person throughwhom he claims.

(5) If the action is one to which section 6(2) applies, subsection (1)shall have effect as if for the words from “at any time” to“occurred” there were substituted the word “by him at any timebefore the expiration of 3 years from the date when he ceased to be under adisability”.

(6) If the action is one to which section 14 applies, subsection (1) shallhave affect as if for the words “6 years” there were substituted thewords “2 years”.

(7) If the action is one to which sections 15 or 16(2) apply,subsection (1) shall have effect as if for the words “6 years’ therewere substituted the words “3 years”.

Extension for cases where section 19(4) (b) applies.

33. (1) Subject to subsection (2), if in the case of any action forwhich a period of limitation is prescribed by section 19 —

(a) the period applicable in accordance with subsection (4) of that section is the period mentioned in paragraph (b) of thatsubsection;

(b) on the date which is for the purposes of that section the startingdate for reckoning that period the person by reference to whose knowledge thatdate fell to be determined under subsection (5) of that section was under adisability; and

(c) section 32 does not apply to the action;

the action may be brought at any time before the expiration of three yearsfrom the date when he ceased to be under a disability or died (whichever firstoccurred) notwithstanding that the period mentioned above has expired.

(2) An action may not be brought by virtue of subsection (1) after the endof the period of limitation prescribed by section 20.

Accrual to successive owners in case of latent damage.

34. (1) Subject to the following provisions of this section, where—

(a) a cause of action (“the original cause of action”) hasaccrued to any person in respect of any negligence to which damage to anyproperty in which he has an interest is attributable (in whole or in part);and

(b) another person acquires an interest in that property after thedate on which the original cause of action accrued but before the material factsabout the damage have become known to any person who, at the time when he firsthas knowledge of those facts, has any interest in the property,

a fresh cause of action in respect of that negligence shall accrue to thatother person on the date on which he acquires his interest in the property.

(2) A cause of action accruing to any person by virtue of subsection (1) —

(a) shall be treated as if based on breach of a duty of care at commonlaw owed to the person to whom it accrues; and

(b) shall be treated for the purposes of section 19 as having accruedon the date on which the original cause of action accrued.

(3) Section 32 shall not apply in relation to any such cause of action.

(4) Subsection (1) shall not apply in any case where the person acquiring an interest in the damaged property is either —

(a) a person in whom the original cause of action vests by operationof law; or

(b) a person in whom the interest in that property vests by virtue ofany order made by a court under the Companies Act (Chapter 39), vesting companyproperty in the liquidator.

(5) For the purpose of subsection (1) (b) , the material facts about the damage are such facts about the damage as would lead a reasonable person who has an interest in the damaged property at the time when those facts become known to him to consider it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment.

(6) For the purposes of this section a person’s knowledge includesknowledge which he might reasonably have been expected to acquire —

(a) from facts observable or ascertainable by him; or

(b) from facts ascertainable by him with the help of appropriateexpert advice which it is reasonable for him to seek;

but a person shall not be taken by virtue of this subsection to haveknowledge of a fact ascertainable by him only with the help of expert advice solong as he has taken all reasonable steps to obtain (and, where appropriate, toact on) that advice.

Acknowledgment or part payment.

35. (1) Subsections (2) and (3) apply where any right of action (including a foreclosure action) to recover land or any right of a mortgagee of personal property to bring a foreclosure action in respect of the property has accrued.

(2) If the person in possession of the land or personal property inquestion acknowledges the title of the person to whom the right of action hasaccrued, the right shall be treated as having accrued on and not before the dateof the acknowledgment.

(3) In the case of a foreclosure or other action by a mortgagee, if the person in possession of the land or personal property in question or the person liable for the mortgage debt makes any payment in respect of the debt (whether of principal or interest) the right shall be treated as having accrued on and not before the date of the payment.

(4) Where a mortgagee is by virtue of the mortgage in possession of anymortgaged land and either —

(a) receives any sum in respect of the principal or interest of themortgage debt; or

(b) acknowledges the title of the mortgagor, or his equity orredemption;

an action to redeem the land in his possession may be brought at any timebefore the expiration of 12 years from the date of the payment oracknowledgment.

(5) Subject to subsection (6), where any right of action has accrued torecover —

(a) any debt or other liquidated pecuniary claim; or

(b) any claim to the personal estate of a deceased person or to anyshare or interest in any such estate;

and the person liable or accountable for the claim acknowledges the claim ormakes any payment in respect of it the right shall be treated as having accruedon and not before the date of the acknowledgment or payment.

(6) A payment of a part of the rent or interest due at any time shall notextend the period for claiming the remainder then due, but any payment ofinterest shall be treated as a payment in respect of the principal debt.

(7) Subject to subsection (6), a current period of limitation may berepeatedly extended under this section by further acknowledgments orpayments, but a right of action, once barred by this Act, shall not be revivedby any subsequent acknowledgment or payment.

Formal provisions as to acknowledgments and part payment.

36. (1) To be effective for the purposes of section 35, an acknowledgment must be in writing and signed by the person makingit.

(2) For the purposes of section 35, any acknowledgment or payment—

(a) may be made by the agent of the person by whom it is required tobe made under that section; and

(b) shall be made to the person, or to an agent of the person whosetitle or claim is being acknowledged or, as the case may be, in respect of whoseclaim the payment is being made.

Effect of acknowledgment or part payment.

37. (1) An acknowledgment of the title to any land or mortgaged personalty by any person in possession of it shall bind all otherpersons in possession during the ensuing period of limitation.

(2) A payment in respect of a mortgage debt by the mortgagor or any otherperson liable for the debt, or by any person in possession of the mortgagedproperty, shall, so far as any right of the mortgagee to foreclose or otherwiseto recover the property is concerned, bind all other persons in possession ofthe mortgaged property during the ensuing period of limitation.

(3) Where two or more mortgagees are by virtue of the mortgage inpossession of the mortgaged land, an acknowledgment of the mortgagor’stitle or of his equity of redemption by one of the mortgagees shall only bindhim and his successors and shall not bind any other mortgagee or hissuccessors.

(4) Where in a case within subsection (3) the mortgagee by whom theacknowledgment is given is entitled to a part of the mortgaged land and not toany ascertained part of the mortgage land and not to any ascertained part of themortgage debt the mortgagor shall be entitled to redeem that part of the land onpayment, with interest, of the part of the mortgage debt which bears the sameproportion to the whole of the debt as the value of the part of the land bearsto the whole of the mortgaged land.

(5) Where there are two or more mortgagors, and the title or equity ofredemption of one of the mortgagors is acknowledged as mentioned above in thissection, the acknowledgment shall be treated as having been made to all themortgagors.

(6) An acknowledgment of any debt or other liquidated pecuniary claim shallbind the acknowledgor and his successors but not any other person.

(7) A payment made in respect of any debt or other liquidatedpecuniary claim shall bind all persons liable in respect of the debt orclaim.

(8) An acknowledgment by one of several personal representatives of any claim to the personal estate of a deceased person or to any share or interest in any such estate, or a payment by one of several personal representatives in respect of any such claim, shall bind the estate of the deceased person.

(9) In this section “successor”, in relation to any mortgagee or person liable in respect of any debt or claim, means his personal representatives and any other person on whom the rights under the mortgage or, as the case may be, the liability in respect of the debt or claim devolve (whether on death or bankruptcy or the disposition of property or the determination of a limited estate or interest).

Postponement of limitation period.

38. (1) Subject to subsection (3), where in the case of any actionfor which a period of limitation is prescribed by this Act, either —

(a) the action is based upon the fraud of the defendant;

(b) any fact relevant to the plaintiff’s right of action hasbeen deliberately concealed from him by the defendant; 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 hasdiscovered the fraud, concealment or mistake (as the case may be) or could withreasonable diligence have discovered it.

References in this subsection to the defendant include references to thedefendant’s agent and to any person through whom the defendant claims andhis agent.

(2) For the purposes of subsection (1), deliberate commission of a breachto duty in circumstances in which it is unlikely to be discovered for some timeamounts to deliberate concealment of the facts involved in that breach ofduty.

(3) Nothing in this section shall enable any action —

(a) to recover, or recover the value of, any property; or

(b) to enforce any charge against, or set aside any transactionaffecting, any property;

to be brought against the purchaser of the property or any person claiming through him in any case where the property has been purchased for valuable consideration by an innocent third party since the fraud or concealment or (as the case may be) the transaction in which the mistake was made took place.

(4) A purchaser is an innocent third party for the purposes of this section—

(a) in the case of fraud or concealment of any fact relevant to theplaintiff’s right of action, if he was not a party to the fraud or (as thecase may be) to the concealment of that fact and did not at the time of thepurchase know or have reason to believe that the fraud or concealment had takenplace; and

(b) in the case of mistake, if he did not at the time of the purchaseknow or have reason to believe that the mistake had been made.

(5) Sections 19 and 20 shall not apply to any action to whichsubsection (1) (b) applies (and accordingly the period of limitationreferred to in that subsection, in any case to which either of those sectionswould otherwise apply, is the period applicable under section 6(1).

Discretionary extension of time limit for actions for libel orslander.

39. Where a person to whom a cause of action for libel or slander has accrued has not brought such an action within the period of 3 years mentioned in section 6(2) (or, where applicable the period allowed by section 32(1) as modified by section 32(5)) because all or any of the facts relevant to that cause of action did not become known to him until after the expiration of that period, such an action —

(a) may be brought by him at any time before the expiration of oneyear from the earliest date on which he knew all the facts relevant to thatcause of action; but

(b) shall not be so brought without the leave of the High Court.

Discretionary exclusion of time limit for actions in respect of personal injuries or death.

40. (1) If it appears to the court that it would be equitable toallow an action to proceed having regard to the degree to which —

(a) the provisions of sections 15 or 16 prejudice the plaintiff of anyperson whom he represents; and

(b) any decision of the court under this subsection wouldprejudice the defendant or any person whom he represents;

the court may direct that those provisions shall not apply to the action, orshall not apply to any specified cause of action to which the actionrelates.

(2) The court shall not under this section display section 16(1)except where the reason why the person injured could no longer maintain anaction was because of the time limit in section 15.

If, for example, the person injured could at his death no longermaintain an action under Part II of the Fatal Accidents and Personal InjuriesAct (Chapter 160) because of the time limit in Article 29 in the First Schedule to the Carriage by Air Act, 1961 of the United Kingdom, the courthas no power to direct that section 16(1) shall not apply.

(3) In acting under this section the court shall have regard to all thecircumstances of the case and in particular to —

(a) the length of, and the reasons for, the delay on the part of theplaintiff;

(b) the extent to which, having regard to the delay, the evidenceadduced or likely to be adduced by the plaintiff or the defendant is or islikely to be less cogent than if the action had been brought within the timeallowed by section 15 or (as the case may be) by section 16;

(c) the conduct of the defendant after the cause of action arose,including the extent (if any) to which he responded to requestsreasonably made by the plaintiff for information or inspection for the purposeof ascertaining facts which were or might be relevant to the plaintiff’scause of action against the defendant;

(d) the duration of any disability of the plaintiff arising after thedate of the accrual of the cause of action;

(e) the extent to which the plaintiff acted promptly andreasonably once he knew whether or not the act or omission of the defendant, towhich the injury was attributable, might be capable at that time of giving riseto an action for damages;

(f) the steps, if any, taken by the plaintiff to obtain medical, legalor other expert advice and the nature of any such advice he may havereceived.

(4) In a case where the person injured died when, because of section 15, he could no longer maintain an action and recover damages in respect of the injury, the court shall have regard in particular to the length of, and the reasons for, the delay on the part of the deceased.

(5) In a case under subsection (4), or any other case where the time limit,or one of the time limits, depends on the date of knowledge of a person otherthan the plaintiff, subsection (3) shall have effect with appropriatemodifications, and shall have effect in particular as if references to theplaintiff included references to any person whose date of knowledge is or wasrelevant in determining a time limit.

(6) A direction by the court disapplying the provisions of section 16(1) shall operate to disapply the provisions to the same effect in section 3(1) of the Fatal Accidents and Personal Injuries Act (Chapter 160).

(7) In this section “the court” means the court in which theaction has been brought.

(8) References in this section to section 15 include references to thatsection as extended by any of the preceding provisions of this Part or by anyprovision of Part V.

PART IV

FOREIGN LIMITATION PERIODS

Application of foreign limitation law.

41. (1) Subject to the following provisions of this Act, where inany action or proceedings in a court in Brunei Darussalam the law of any othercountry falls (in accordance with rules of private international law applicableby any such court) to be taken into account in the determination of any matter—

(a) the law of that other country relating to limitation shall applyin respect of that matter for the purposes of the action or proceedings; and

(b) except where the matter falls within subsection (2), the law ofBrunei Darussalam relating to limitation shall not so apply.

(2) A matter falls within this subsection if it is a matter in thedetermination of which both the law of Brunei Darussalam and the law of someother country fall to be taken into account.

(3) The law of Brunei Darussalam shall determine for the purposes of anylaw applicable by virtue of subsection (1) (a) whether, and the time atwhich, proceedings have been commenced in respect of any matter; and,accordingly, section 47 shall apply in relation to time limits applicable byvirtue of subsection (1) (a) as it applies in relation to time limitsunder this Act.

(4) A court in Brunei Darussalam, in exercising in pursuance of subsection(1) (a) any discretion conferred by the law of any other country, shall sofar as practicable exercise that discretion in the manner in which it isexercised in comparable cases by the courts of that other country.

(5) In this section, “law”, in relation to any country, shallnot include rules of private international law applicable by the courts of thatcountry or, in the case of Brunei Darussalam, this Act.

Exceptions to section 41.

42. (1) In any case in which the application of section 41 would toany extent conflict (whether under subsection (2) or otherwise) with public policy, that section shall not apply to the extent that its applicationwould so conflict.

(2) The application of section 41 in relation to any action orproceedings shall conflict with public policy to the extent that its applicationwould cause undue hardship to a person who is, or might be made, a party theaction or proceedings.

(3) Where, under a law applicable by virtue of section 41(1) (a) orfor the purposes of any action or proceedings, a limitation period is or may beextended or interrupted in respect of the absence of a party to the action orproceedings from any specified jurisdiction or country, so much of that law asprovides for the extension or interruption shall be disregarded for thosepurposes.

Foreign judgments on limitation points.

43. Where a court in any country outside Brunei Darussalam has determined any matter wholly or partly by reference to the law of that orany other country (including Brunei Darussalam) relating to limitation, then,for the purposes of the law relating to the effect to be given in Brunei Darussalam to that determination, that court shall, to the extent that ithas so determined that matter, be deemed to have determined it on itsmerits.

Law relating to limitation.

44. (1) Subject to subsection (3), references in this Part to thelaw of any country (including Brunei Darussalam) relating to limitation shall,in relation to any matter, be construed as references to so much of the relevantlaw of that country as (in any manner) makes provision with respect to alimitation period applicable to the bringing of proceedings in respect of thatmatter in the courts of that country and shall include —

(a) references to so much of that law as relates to, and to the effectof, the application, extension, reduction or interruption of that period;and

(b) a reference, where under that law there is no limitationperiod which is so applicable, to the rule that such proceedings may be broughtwithin an indefinite period.

(2) In subsection (1), “relevant law”, in relation to any country, means the procedural and substantive law applicable, apart fromany rules of private international law, by the courts of that country.

(3) References in this Part to the law of Brunei Darussalam relating tolimitation shall not include the rules by virtue of which a court may, in theexercise of any discretion, refuse equitable relief on the grounds ofacquiescence or otherwise; but, in applying those rules to a case in relation towhich the law of any country outside Brunei Darussalam is applicable by virtueof section 41(1) (a) (not being a law that provides for a limitationperiod that has expired) a court in Brunei Darussalam shall have regard, inparticular, to the provisions of the law that is so applicable.

Application of Part to arbitrations.

45. The references to any other written law relating to limitation in section 46 include references to sections 41, 42 and 44; and, accordingly, in subsection (5) of section 46, the reference to the time prescribed by this Act or by any other written law relating to limitation has effect for the purposes of any case to which section 41 applies as a reference to the limitation period (if any) applicable by virtue of section 41.

PART V

MISCELLANEOUS AND GENERAL

Application of Act to arbitrations.

46. (1) This Act and any other written law relating to limitationshall apply to arbitrations as they apply to actions in the High Court.

(2) Notwithstanding any term in an arbitration agreement to theeffect that no cause of action shall accrue in respect of any matter required bythe agreement to be referred until an award is made under the agreement, thecause of action shall, for the purposes of this Act and any other written lawrelating limitation (whether in their application to arbitrations or to otherproceedings), be deemed to have accrued in respect of any such matter at thetime when it would have accrued but for that term in the agreement.

(3) For the purposes of this Act and of any other written law relating tolimitation, an arbitration shall be treated as being commenced —

(a) when one party to the arbitration serves on the other party orparties a notice requiring him or them to appoint an arbitrator or to agree tothe appointment of an arbitrator; or

(b) where the arbitration agreement provides that the reference shallbe to a person named or designated in the agreement, when one party to thearbitration serves on the other party or parties a notice requiring him or themto submit the dispute to the person so named or designated.

(4) Any such notice may be served either —

(a) by delivering it to the person on whom it is to be served; or

(b) by leaving it at the usual or last-known place of abode of thatperson; or

(c) by sending it by post in a registered letter addressed to thatperson at his usual or last-known place of abode;

as well as in any other manner provided in the arbitration agreement.

(5) Where the High Court —

(a) orders that an award be set aside; or

(b) orders, after the commencement of an arbitration, that thearbitration agreement shall cease to have effect with respect to the disputereferred;

the court may further order that the period between the commencement of thearbitration and the date of the order of the court shall be excluded incomputing the time prescribed by this Act or by any other written law relating to limitation for the commencement of proceedings (including arbitration)with respect to the dispute referred.

(6) This section shall apply to an arbitration under an Act as well as toan arbitration pursuant to an arbitration agreement.

Subsections (3) and (4) shall have effect, in relation to an arbitrationunder an Act, as if for the references to the arbitration agreement there weresubstituted references to such of the provisions of the Act or of any order,scheme, rules, regulations or byelaws made under the Act as relate to thearbitration.

(7) In this section —

(a) “arbitration”, “arbitration agreement” and “award” have the same meanings as in Parts I, II and III of the Arbitration Act (Chapter 173); and

(b) references to any other written law relating to limitation arereferences to any other written law relating to the limitation ofactions, whether passed before or after the date of coming into force of thisAct.

New claims in pending actions : rules of court.

47. (1) For the purposes of this Act, any new claim made in thecourse of any action shall be deemed to be a separate action and to have beencommenced —

(a) in the case of a new claim made in or by way of third partyproceedings, on the date on which those proceedings werecommenced; and

(b) in the case of any other new claim, on the same date as theoriginal action.

(2) In this section a new claim means any claim by way of set-off orcounterclaim, and any claim involving either —

(a) the addition or substitution of a new cause of action; or

(b) the addition or substitution of a new party;

and “third party proceedings” means any proceedings brought inthe course of any action by any party to the action against a person notpreviously a party to the action, other than proceedings brought by joining anysuch person as defendant to any claim already made in the original action by theparty bringing the proceedings.

(3) Except as provided by section 40 or by rules of court, neither the HighCourt nor any Intermediate or Subordinate Court shall allow a new claim withinsubsection (1) (b) , other than an original set-off or counterclaim, to bemade in the course of any action after the expiry of any time limit under thisAct which would affect a new action to enforce that claim.

For the purposes of this subsection, a claim is an original set-off or anoriginal counterclaim if it is a claim made by way of set-off or (as the casemay be) by way of counterclaim by a party who has not previously made any claimin the action.

(4) Rules of court may provide for allowing a new claim to which subsection(3) applies to be made as there mentioned, but only if the conditionsspecified in subsection (5) are satisfied, and subject to any furtherrestrictions the rules may impose.

(5) The conditions referred to in subsection (4) are the following—

(a) in the case of a claim involving a new cause of action, if the newcause of action arises out of the same facts or substantially the same facts asare already in issue on any claim previously made in the original action;and

(b) in the case of a claim involving a new party, if the addition orsubstitution of the new party is necessary for the determination of the originalaction.

(6) The addition or substitution of a new party shall not be regarded forthe purposes of subsection (5) (b) as necessary for the determination ofthe original action unless either —

(a) the new party is substituted for a party whose name was given inany claim made in the original action in mistake for the new party’s name;or

(b) any claim already made in the original action cannot be maintainedby or against an existing party unless the new party is joined or substituted asplaintiff or defendant in that action.

(7) Subject to subsection (4), rules of court may provide for allowing aparty to any action to claim relief in a new capacity in respect of a new causeof action notwithstanding that he had no title to make that claim at the date ofthe commencement of the action.

This subsection shall not be taken as prejudicing the power of rules of courtto provide for allowing a party to claim relief in a new capacity without addingor substituting a new cause of action.

(8) Subsections (3) to (7) shall apply in relation to a new claim made inthe course of third party proceedings as if those proceedings were the originalaction, and subject to such other modifications as may be prescribed by rules ofcourt in any case or class of case.

Equitable jurisdication and remedies.

48. (1) The following time limits under this Act —

(a) the time limit under section 6(1) for actions founded on tort;

(b) the time limit under section 6(2) for actions for libel or slander;

(c) the time limit under section 9 for actions founded on simplecontract;

(d) the time limit under section 11 for actions to enforce awardswhere the submission is not by an instrument under seal;

(e) the time limit under section 12 for actions on a specialty;

(f) the time limit under section 13 for actions to recover a sumrecoverable by virtue of any written law; and

(g) the time limit under section 30 for actions to enforce ajudgment,

shall not apply to any claim for specific performance of a contract or for aninjunction or for other equitable relief.

(2) Nothing in this Act shall affect any equitable jurisdiction to refuserelief on the ground of acquiescence or otherwise.

Saving for other limitation enactments.

49. This Act shall not apply to any action or arbitration for which aperiod of limitation is prescribed by or under any other written law (whetherpassed before or after the date of coming into force of this Act) or to anyaction or arbitration to which the Government is a party and for which, if itwere between subjects, a period of limitation would be prescribed by or underany such other written law.

Limitation to be pleaded.

50. Nothing in this Act shall operate as a bar to an action unlessthis Act has been expressly pleaded as a defence thereto.

Set-off and counterclaim.

51. For the purposes of this Act, any claim by way of set-off or counterclaim shall be deemed to be a separate action and to havebeen commenced on the same date as the action in which the set-off or counterclaim is pleaded.