Mann v Commonwealth of Australia & State of New South Wales [2000] NSWSC 353

Mann v Commonwealth of Australia & State of New South Wales [2000] NSWSC 353

The plaintiff knew from at least 29 October 1987, when Mr Rubinstein's affidavit and annexure identified the inspected documents and relevant Commonwealth and State agencies, of the facts on which the claimed causes of action depended. On the court's assumption that the causes accrued on that date, the six-year limitation period expired on 28 October 1993, before the Statement of Claim was filed on 30 September 1994. The evidence did not show dishonesty or consciousness of wrongdoing by officers of either defendant sufficient to constitute fraudulent concealment under s 55(1)(b). The breach of confidence claim as pleaded sought common law damages for tortious liability, not equitable...

Jurisdiction
Australia
Judgment Date
03 May 2000
Procedural Posture
Civil Damages Action / Trial Judgment on Defendants' Limitation Defence and Plaintiff's Claims
Outcome
Judgment for the defendants plus costs.
Legal Topics
['statutory Limitation Period' 'fraudulent Concealment' 'breach of Confidence' 'misfeasance in Public Office' 'negligence' 'misrepresentation' 'breach of Contract']
['limitation of Actions' 'equity' 'tort' 'administrative Law'] ['statutory Limitation Period' 'fraudulent Concealment' 'breach of Confidence' 'misfeasance in Public Office' 'negligence' 'misrepresentation' 'breach of Contract']

Case Brief

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Procedural Posture

Civil Damages Action / Trial Judgment on Defendants' Limitation Defence and Plaintiff's Claims

Legal Issues

  1. 1 ["Whether the plaintiff's causes of action were barred by s 14 of the Limitation Act 1969." 'Whether s 55(1)(b) of the Limitation Act 1969 applied because the causes of action or the identity of persons against whom they lay were fraudulently concealed.' 'Whether the pleaded breach of confidence claim avoided the Limitation Act 1969 because it was an equitable cause of action.' 'Whether the plaintiff, rather than Western Medical Services Pty Ltd, had standing in respect of dealings relied on for the first four causes of action.']

Ratio Decidendi

The plaintiff knew from at least 29 October 1987, when Mr Rubinstein's affidavit and annexure identified the inspected documents and relevant Commonwealth and State agencies, of the facts on which the claimed causes of action depended. On the court's assumption that the causes accrued on that date, the six-year limitation period expired on 28 October 1993, before the Statement of Claim was filed on 30 September 1994. The evidence did not show dishonesty or consciousness of wrongdoing by officers of either defendant sufficient to constitute fraudulent concealment under s 55(1)(b). The breach of confidence claim as pleaded sought common law damages for tortious liability, not equitable...

Court Disposition

Judgment for the defendants plus costs.

Orders

  • ['Judgment for the defendants.' "The plaintiff is to pay the defendants' costs."]