45. When lapse of time is a bar.

(iii)     Effect on Relief for Mistake of Lapse of Time and Satisfaction of Judgments

45.     When lapse of time is a bar.

In relation to lapse of time, there are three matters to consider: (1) lapse of time in itself; (2) statutory limitation periods; and (3) laches.

Lapse of time may sometimes in practice be a bar to rectification1 on account of the lack of evidence and the doubt arising from it2, or may afford evidence of acquiescence3, but the mere lapse of time of itself, even if a long period, will not be a bar to an equitable