Ross v Cook [2009] NSWSC 671

Ross v Cook [2009] NSWSC 671

On the agreed facts, there was no objective evidence that a loss was reasonably ascertainable on or before 26 July 2004; accordingly, the cause of action against the defendants accrued after that date because it was only when objective evidence of loss became available that recoupment became impossible.

Jurisdiction
Australia
Judgment Date
16 July 2009
Procedural Posture
Civil / Determination of Separate Question on Accrual of Cause of Action
Outcome
Each cause of action set out in the Statement of Claim against the First and Second Defendants accrued subsequent to 26 July 2004.
Legal Topics
['proportionate Liability' 'duty of Care of Valuers' 'negligence in Valuation' 'accrual of Cause of Action' 'economic Loss' 'misleading Conduct' 'limitation Period']
['torts' 'professional Negligence' 'limitation of Actions'] ['proportionate Liability' 'duty of Care of Valuers' 'negligence in Valuation' 'accrual of Cause of Action' 'economic Loss' 'misleading Conduct' 'limitation Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Determination of Separate Question on Accrual of Cause of Action

Legal Issues

  1. 1 ['When does the cause of action accrue against a valuer for negligent valuation relied upon in granting a loan?' "Is the proportionate liability regime under the Civil Liability Act 2002 and equivalent provisions in Part VIA of the Trade Practices Act 1974 applicable to the plaintiff's claims?"]

Ratio Decidendi

On the agreed facts, there was no objective evidence that a loss was reasonably ascertainable on or before 26 July 2004; accordingly, the cause of action against the defendants accrued after that date because it was only when objective evidence of loss became available that recoupment became impossible.

Court Disposition

Each cause of action set out in the Statement of Claim against the First and Second Defendants accrued subsequent to 26 July 2004.

Orders

  • ['Question answered: Each cause of action accrued subsequent to 26 July 2004.']