2 Aug 2012
REGISTRAR-GENERAL OF LAND V BURMEISTER AND BURMEISTER COA CA332/2011
- Citation
- COA CA332/2011
- Court
- Court of Appeal
Section 180(2) is to be interpreted to allow personalisation of the discoverability/default inquiry: default is assessed against the claimant's particular circumstances and characteristics. Applying that test, the Burmeisters were not in default in September 2002 and the limitation period did not begin then; the limitation period began when they became aware of the scam in April 2003, so the claim filed in October 2008 was timely.