DUNCAN v MENDES [1998] NSWCA 278

DUNCAN v MENDES [1998] NSWCA 278

FAI's letter of 19 March 1986 constituted confirmation under s54 of the Limitation Act 1969 (NSW); as a result, the claim against Dennison was not statute barred, and Mendes was not negligent as no loss occurred.

Parties
Appellant: Mr Duncan; Respondent: Philip Mendes
Jurisdiction
Australia
Judgment Date
29 May 1998
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Solicitor's Negligence, Limitation of Actions, Confirmation of Cause of Action Under S54, Personal Injury Proceedings
Tort Law Professional Negligence Civil Procedure Solicitor's Negligence Limitation of Actions Confirmation of Cause of Action Under S54 Personal Injury Proceedings

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Parties

Mr Duncan

Appellant

Philip Mendes

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether FAI's letter dated 19 March 1986 was 'confirmation' of the appellant's cause of action within the meaning of s54 of the Limitation Act 1969 (NSW)
  2. 2 Whether the respondent (Mendes) could rely on s54 when not a party to the 'confirmation'
  3. 3 Whether the appellant's claim against Dennison was statute barred when discontinued

Ratio Decidendi

FAI's letter of 19 March 1986 constituted confirmation under s54 of the Limitation Act 1969 (NSW); as a result, the claim against Dennison was not statute barred, and Mendes was not negligent as no loss occurred.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.