Section 45

Subject to this section, if a claim for an item of loss, damage or cost is not served on the Corporation before the expiration of the period specified in the fourth column of Part I of the First Schedule in respect of that item, the right to claim compensation therefor shall be barred.

The period referred to in subsection (1) may, upon application made to the Compensation Board either before or after the expiry of that period, be extended in accordance with this section.

Notice of an application under subsection (2) shall be given to the Corporation by the applicant.

The Compensation Board may extend the period within which a claim must be served upon the Corporation if it considers that the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other than the relevant provision in the fourth column of Part I of the First Schedule) or by any other reasonable cause or that the Corporation is not materially prejudiced in the conduct of its case or otherwise by the delay.

An extension may be granted by the Compensation Board under subsection (4), with or without conditions, for such period as it thinks fit but not in any case exceeding 6 years from the time when the right to compensation first arose.[37