Peter Lawrence Lewis v Russell William Lamb [2011] NSWSC 873

Peter Lawrence Lewis v Russell William Lamb [2011] NSWSC 873

The documents prepared for the mediation were not excluded by s 30 of the Civil Procedure Act 2005 (NSW) because that section applies only to court ordered mediations, but the plaintiff relied on the alleged accounts stated only as admissions and not as agreements supported by consideration. On that basis the claims depended on the underlying causes of action, which accrued more than six years before the proceedings were commenced and were statute barred. Section 54 of the Limitation Act 1969 (NSW) did not apply because the documents were not signed by Mr Lamb. In any event, the documents were settlement concessions or proposals made for the mediation, not admissions of liability.

Jurisdiction
Australia
Judgment Date
17 August 2011
Procedural Posture
Proceedings for Amount Claimed on the Basis of Account Stated / Principal Judgment After Hearing
Outcome
Proceedings dismissed with costs
Legal Topics
['mediation Privilege' 'admissibility of Documents Prepared for Mediation' 'account Stated' 'admissions of Debt' 'statute Barred Claims']
['evidence' 'restitution' 'limitation of Actions'] ['mediation Privilege' 'admissibility of Documents Prepared for Mediation' 'account Stated' 'admissions of Debt' 'statute Barred Claims']

Case Brief

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Procedural Posture

Proceedings for Amount Claimed on the Basis of Account Stated / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether documents prepared for a mediation were inadmissible under s 30 of the Civil Procedure Act 2005 (NSW).' 'Whether an account stated relied on as an admission gives rise to a limitation period running from the admission or from the accrual of the underlying debt or cause of action.' 'Whether the mediation documents relied on by the plaintiff constituted admissions capable of supporting an account stated claim.' 'Whether s 54 of the Limitation Act 1969 (NSW) applied to the documents relied on by the plaintiff.']

Ratio Decidendi

The documents prepared for the mediation were not excluded by s 30 of the Civil Procedure Act 2005 (NSW) because that section applies only to court ordered mediations, but the plaintiff relied on the alleged accounts stated only as admissions and not as agreements supported by consideration. On that basis the claims depended on the underlying causes of action, which accrued more than six years before the proceedings were commenced and were statute barred. Section 54 of the Limitation Act 1969 (NSW) did not apply because the documents were not signed by Mr Lamb. In any event, the documents were settlement concessions or proposals made for the mediation, not admissions of liability.

Court Disposition

Proceedings dismissed with costs

Orders

  • ['Proceedings dismissed with costs']