New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Limitations


   

  1. 25/08/2015
    Limitations: civil law; professional negligence; whether proceedings statute-barred under s 14 of the Limitation Act 1969 (NSW); whether respondents protected from suit by advocate’s immunity
    White v Forster  [2015] NSWCA 245
  2. 09/06/2015
    Limitations:

    limitation of actions; limitation period six years from when cause of action accrued; whether cause of action accrued when insurer became liable or when claim against insurer actually made; insurer liable in 2000; claim made in 2005; Penrith City Council v Government Insurance Office of New South Wales (1991) 24 NSWLR 564 distinguished; Luna Park (NSW) Ltd v Tramways Advertising Pty Ltd [1938] HCA 66 applied; cause of action accrues when insurer becomes liable; appellant statute barred


    Associated Forest Holdings Pty Ltd v Gordian Runoff Ltd  [2015] TASFC 6
  3. 11/02/2015
    Limitations: Limitation Act 1969 (NSW) s 54; covenant to pay on demand; time runs from time of covenant notwithstanding absence of demand; whether the cause of action was acknowledged within the originally applicable limitation period so as to cause a renewed limitation period to apply; appeal dismissed
    Fischer v Nemeske Pty Ltd  [2015] NSWCA 6
  4. 23/12/2014
    Limitations: limitation of actions; partnership; action for an account; cause of action arises upon dissolution of partnership; application of Limitation Act s 15 directly or by analogy; laches will not be available as a further defence in circumstances where the claim is subject to a statutory bar; application of Limitation Act s 47 directly or by analogy to an action to recover trust property or profits derived from trust property; appeal allowed; further orders made
    Sze Tu v Lowe  [2014] NSWCA 462
  5. 11/09/2014
    Limitations: contracts, torts and personal actions; the period of limitation; extension thereof; Limitation of Actions Act 1936 (SA); negligence action against occupiers of property in South Australia for injury allegedly sustained through hidden hazard on the property; action commenced in New South Wales after expiry of limitation period prescribed by South Australian Act; primary judge made an order extending the period; question under that Act as to whether the proceedings were commenced within twelve months after the plaintiff became aware of facts material to his case; the facts relied upon went to diagnosis of depression and extent of injury to ankles and knees; review of primary judge’s findings as to the time at which relevant facts were ascertained and their materiality to the negligence claim; appeal allowed
    Ayres v Ollerenshaw  [2014] NSWCA 320
  6. 27/06/2014
    Limitations: alleged breach of obligation pursuant to Pt 3 of Sch 8 to the Conveyancing Act 1919 (NSW) to restore land to original condition; when time begins to run; whether cause of action was founded on contract, quasi contract or tort; whether cause of action was founded on a deed owing to Real Property Act 1900 (NSW) s 36(11); cause of action was in quasi contract within meaning of Limitation Act 1969 (NSW) s 14; claim not statute barred; appeal dismissed
    GM Amalgamated Investments (Dulwich Hill) Pty Ltd v Mills  [2014] NSWCA 202
  7. 06/06/2014
    Limitations: limitation of actions; limitation period for the commencement of actions for damages for negligence or breach of duty; worker exposed to asbestos dust when employed during employment; where the deceased died of mesothelioma without having commenced proceedings against the first or second respondents; where the appellant is the widow of the deceased; where the three year limitation period for the commencement of actions for damages for negligence or breach of duty prescribed by Limitation of Actions Act 1974 (Qld) s 11 had expired; Multiplex Constructions Pty Ltd v Irving [2004] NSWCA 346 applied; claim not statute barred; s 11(1) does not apply to dependency claims; s 31 applied; enables the court in an appropriate case to extend a period of limitation where plaintiff has become aware of relevant evidence which would enable him to maintain an action dependency action; considering possible circumstances that widow cannot locate all relevant witnesses within the limitation period; appeal allowed
    Hall v WorkCover Queensland  [2014] QCA 135
  8. 06/06/2014
    Limitations: equitable claims; claim brought by company in liquidation against its directors for breaches of equitable duties; six year limitation period under s 1317K of Corporations Act (Cth) applied to claim for contravention of equivalent statutory duties; principles by reference to which equity applies statutory limitation period by analogy; whether does so as part of the law of laches; whether inquires if there are special circumstances such as concealed fraud that would make it unconscionable for defendant to rely on statute; claim barred as respondent did not contend special circumstances existed
    Gerace v Auzhair Supplies Pty Ltd  [2014] NSWCA 181
  9. 14/05/2014
    Limitations: Limitation of Actions Act 1958 (Vic) ss 27, 5(1) and 6; appellant solicitor was gifted a valuable painting in deceased client’s will; appellant subsequently discovered painting had been stolen from original owner approx 20 years before; appellant sought declaration that proprietary rights of respondents had been extinguished due to expiry of limitation period pursuant to ss 5(1) and 6 of the Act; whether time began to run in respondents’ action in conversion from date painting stolen; whether ss 27(a) or 27 (b) operated to postpone limitation period; s 27(a) did not apply as conversion not an action ‘based upon the fraud of the defendant’; s 27(b) encompassed circumstances where the existence of the cause of action was known but the identity of the defendant had been concealed; limitation period for respondent’s action in conversion postponed pursuant to s 27(b) and had not expired; appeal dismissed
    Levy & Watt & Anor  [2014] VSCA 60
  10. 09/05/2014
    Limitations: Corporations Act 2001 s 601AG; claim against insurer of deregistered company; whether claim against insurer subject to same limitation period as claim against insured; section 601AG assimilated limitation period applicable to cause of action against insured; appeal allowed
    Allianz Australia Insurance Ltd v Mercer  [2014] TASFC 3