Hepburn v McDonnell [1918] HCA 43

Hepburn v McDonnell [1918] HCA 43

The respondent's reply letter, read together with the solicitor's demand, constituted an unconditional acknowledgment of the debt claimed, with no words sufficient to negate or qualify the implied promise to pay. Thus, for the sum of £1,120 5s. 1d. (with interest), the Statute of Limitations was defeated by sufficient acknowledgment in writing.

Parties
Appellant: Charles Graham Hepburn; Respondent: Grace McDonnell
Jurisdiction
Australia
Judgment Date
19 August 1918
Procedural Posture
Civil Appeal / Appeal From Supreme Court of New South Wales to High Court of Australia
Outcome
Appeal allowed in part
Legal Topics
Acknowledgment in Writing, Statute of Limitations, Contribution Between Trustees, Debt
Equity Trusts and Estates Limitation of Actions Acknowledgment in Writing Statute of Limitations Contribution Between Trustees Debt

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Parties

Charles Graham Hepburn

Appellant

Grace McDonnell

Respondent

Procedural Posture

Civil Appeal / Appeal From Supreme Court of New South Wales to High Court of Australia

Legal Issues

  1. 1 Whether certain correspondence constitutes a sufficient acknowledgment in writing of a debt to defeat a plea of the Statute of Limitations under Lord Tenterden's Act.

Ratio Decidendi

The respondent's reply letter, read together with the solicitor's demand, constituted an unconditional acknowledgment of the debt claimed, with no words sufficient to negate or qualify the implied promise to pay. Thus, for the sum of £1,120 5s. 1d. (with interest), the Statute of Limitations was defeated by sufficient acknowledgment in writing.

Court Disposition

Appeal allowed in part

Orders

  • Declare that the replication herein discloses as to £1,120 5s. 1d. and interest, part of the money claimed, a sufficient acknowledgment of the plaintiff's claim.
  • Costs of appeal to be costs in the suit.