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Statutes of limitation between classification and renvoi – Australian and South African approaches compared
This article compares the ways in which Australian and South African courts have approached issues of classification and renvoi where a defendant argues that the action is time-barred. There are two differences in approach. First, Australian courts classify all statutes of limitation as substantive, whereas South African courts distinguish between right-extinguishing statutes (substantive) and merely remedy-barring statutes (procedural). Second, the High Court of Australia has used renvoi in the context of the limitation of actions whereas South African courts have yet to decide on whether to use renvoi. This article assesses the impact of those differences in various situations.
History
Publication status
- Published
Journal
International and Comparative Law QuarterlyISSN
0020-5893Publisher
Oxford University PressExternal DOI
Issue
3Volume
60Page range
659-680Department affiliated with
- Law Publications
Full text available
- No
Peer reviewed?
- Yes
Legacy Posted Date
2014-09-22Usage metrics
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