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TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 29
Suspension of limitation periods for claims made earlier in stayed proceedings in Australian courts
29 Suspension of limitation periods for claims made earlier in stayed
proceedings in Australian courts
1 This section applies if— a) a claim is made in a proceeding commenced in
an Australian court (the
"Australian proceeding" ) that is later stayed by an order of the Australian
Court made under the Australian Act on the grounds that a New Zealand court is
the more appropriate court to determine the matters in issue between the
parties to the proceeding; and
b) the claim is to be made again in a
proceeding commenced in a New Zealand court (the
"New Zealand proceeding" ) after the staying of (and, if applicable, before
any deadline stated in the condition of that order staying) the Australian
proceeding.
2 For the purposes of every applicable limitation period or
defence under New Zealand law, the New Zealand proceeding is to be treated as
commencing at the time the Australian proceeding commenced.
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