Anthony De Lisle Venn v Elcom Collieries Pty Ltd [2006] NSWDC 60

Anthony De Lisle Venn v Elcom Collieries Pty Ltd [2006] NSWDC 60

The defendant's remediation works and communications, including the draft deeds of release and the discovered internal letter, did not constitute a confirmation or acknowledgement under s 54 of the Limitation Act 1969; thus, Mr Venn's claim for damage sustained before 18 April 1995 was statute barred.

Parties
Plaintiff: Anthony De Lisle Venn; Defendant: Elcom Collieries Pty Ltd
Jurisdiction
Australia
Judgment Date
04 October 2005
Procedural Posture
Civil / Judgment
Outcome
Claim for damage sustained before 18 April 1995 is statute barred (subject to any claim under s 55 of the Limitation Act).
Legal Topics
Negligence, Nuisance, Trespass, Limitation Periods, Acknowledgement of Liability
Torts Limitation of Actions Negligence Nuisance Trespass Limitation Periods Acknowledgement of Liability

Case Brief

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Parties

Anthony De Lisle Venn

Plaintiff

Elcom Collieries Pty Ltd

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether work performed in 1996 constituted a 'payment' under s 54 of the Limitation Act 1969 so as to extend the limitation period
  2. 2 Whether either of the draft deeds of release was an 'acknowledgement' under s 54 of the Limitation Act 1969
  3. 3 Whether a letter dated 3 July 1998 constituted an 'acknowledgement' under s 54 of the Limitation Act 1969

Ratio Decidendi

The defendant's remediation works and communications, including the draft deeds of release and the discovered internal letter, did not constitute a confirmation or acknowledgement under s 54 of the Limitation Act 1969; thus, Mr Venn's claim for damage sustained before 18 April 1995 was statute barred.

Court Disposition

Claim for damage sustained before 18 April 1995 is statute barred (subject to any claim under s 55 of the Limitation Act).