Sherrin Hire Pty Ltd v Tidd Ross Todd Ltd [2014] FCA 939

Sherrin Hire Pty Ltd v Tidd Ross Todd Ltd [2014] FCA 939

There is insufficient evidence at this stage to conclude the proceedings are statute-barred; expert evidence will be needed to determine when defects became discoverable. The application for summary judgment is dismissed as the applicant's case does not lack reasonable prospects of success.

Parties
Applicant: Sherrin Hire Pty Ltd; First Respondent: Tidd Ross Todd Ltd; Second Respondent: TRT (AUST) Pty Ltd; Third Respondent: Panalam Technologies Limited; Fourth Respondent: Arotahi Trading Limited
Jurisdiction
Australia
Judgment Date
02 September 2014
Procedural Posture
Civil / Interlocutory Application for Summary Judgment
Outcome
Interlocutory application dismissed with costs.
Legal Topics
Summary Judgment, Limitation Period, Latent Defects, Accrual of Cause of Action, Statute Barred Claims
Practice and Procedure Negligence Limitation of Actions Summary Judgment Limitation Period Latent Defects Accrual of Cause of Action Statute Barred Claims

Case Brief

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Parties

Sherrin Hire Pty Ltd

Applicant

Tidd Ross Todd Ltd

First Respondent

TRT (AUST) Pty Ltd

Second Respondent

Panalam Technologies Limited

Third Respondent

Arotahi Trading Limited

Fourth Respondent

Procedural Posture

Civil / Interlocutory Application for Summary Judgment

Legal Issues

  1. 1 Whether the proceedings are statute-barred due to expiration of limitation period for negligence
  2. 2 When a cause of action for latent defects in design/manufacture accrues

Ratio Decidendi

There is insufficient evidence at this stage to conclude the proceedings are statute-barred; expert evidence will be needed to determine when defects became discoverable. The application for summary judgment is dismissed as the applicant's case does not lack reasonable prospects of success.

Court Disposition

Interlocutory application dismissed with costs.

Orders

  • The interlocutory application dated 20 June 2014 be dismissed.
  • The first and second respondents pay the applicant's costs as agreed or taxed.