Section 41 — Limitation Act 1969 (NSW)

An action on a cause of action to redeem mortgaged property in the possession of a mortgagee is not maintainable against that mortgagee if brought after the expiration of a limitation period of twelve years running from the only or later of such of the following dates as are applicable—
(a) the date on which that mortgagee or a person through whom the mortgagee claims last goes into possession of the property in respect of which the action is brought, and
(b) the date on which that mortgagee or a person through whom the mortgagee claims last receives a payment of principal money or interest secured by the mortgage from the plaintiff or from a person through whom the plaintiff claims.

Related sections

• s 38 — Adverse possession
• s 39 — Formal entry and claim
• s 40 — Mortgage under Real Property Act 1900
• s 42 — Action for principal, possession or foreclosure
• s 43 — Action for interest
• s 44 — Adjustment of interest

Research how courts apply s 41

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.