Williams v Milotin [1957] HCA 83

Williams v Milotin [1957] HCA 83

Where an action is brought for damages for personal injuries sustained through negligence, and the cause of action could be brought as an action on the case, the six-year limitation under s. 35 applies, not the three-year limitation under s. 36, even if the facts could also support a count in trespass to the person.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['personal Injuries' 'negligence' 'limitation Period' 'trespass to the Person']
['tort Law' 'limitation of Actions'] ['personal Injuries' 'negligence' 'limitation Period' 'trespass to the Person']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ["Whether the plaintiff's action for damages for personal injuries was barred by s. 36 of the Limitation of Actions Act 1936-1948 S.A." 'Whether the action should be subject to six years limitation under s. 35 or three years limitation under s. 36']

Ratio Decidendi

Where an action is brought for damages for personal injuries sustained through negligence, and the cause of action could be brought as an action on the case, the six-year limitation under s. 35 applies, not the three-year limitation under s. 36, even if the facts could also support a count in trespass to the person.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']