M Wilson v J Rigg [2000] NSWSC 16

M Wilson v J Rigg [2000] NSWSC 16

The plaintiff's cause of action in negligence against the solicitor for failing to commence proceedings within the limitation period accrued when the statutory limitation period expired and the value of the underlying claim was diminished. Thereafter, the six-year period under s 14(1) of the Limitation Act ran from that date, so that the present proceedings were commenced out of time and are statute barred. No further cause of action arose from later alleged breaches as no additional damage was sustained.

Parties
Plaintiff: Mark Wilson; Defendant: Jack Rigg
Jurisdiction
Australia
Judgment Date
07 February 2000
Procedural Posture
Professional Negligence / Separate Trial on Limitation Defence
Outcome
Judgment for the defendant with costs, including costs of the hearing of the separate question.
Legal Topics
Failure to Commence Proceedings Within Limitation Period, Statute Barring of Claims Against Solicitors, Accrual of Cause of Action for Negligence Against Legal Practitioners
Professional Negligence Limitation of Actions Failure to Commence Proceedings Within Limitation Period Statute Barring of Claims Against Solicitors Accrual of Cause of Action for Negligence Against Legal Practitioners

Case Brief

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Parties

Mark Wilson

Plaintiff

Jack Rigg

Defendant

Procedural Posture

Professional Negligence / Separate Trial on Limitation Defence

Legal Issues

  1. 1 Whether the proceedings against the solicitor for failing to bring proceedings within time are statute barred under s 14(1) of the Limitation Act 1969 (NSW)
  2. 2 When the cause of action against the solicitor accrued for limitation purposes
  3. 3 Whether further breaches relating to application for leave under s 52(4) of the Motor Accidents Act give rise to additional non-statute-barred causes of action

Ratio Decidendi

The plaintiff's cause of action in negligence against the solicitor for failing to commence proceedings within the limitation period accrued when the statutory limitation period expired and the value of the underlying claim was diminished. Thereafter, the six-year period under s 14(1) of the Limitation Act ran from that date, so that the present proceedings were commenced out of time and are statute barred. No further cause of action arose from later alleged breaches as no additional damage was sustained.

Court Disposition

Judgment for the defendant with costs, including costs of the hearing of the separate question.

Orders

  • Verdict and judgment for defendant with costs, including costs of hearing the separate question.