STEFANOVICH v CURRAN [1988] NSWCA 147

STEFANOVICH v CURRAN [1988] NSWCA 147

The claimant suffered legal damage, and his cause of action accrued, on the date his solicitors wrongfully consented to the adjournment, not on the later date when the defendant died. The legal obligation to pay solicitor/client costs is sufficient damage. Therefore, the cause of action accrued prior to the statement of claim, rendering it statute barred.

Parties
Claimant: Stefanovich; Opponent: Curran
Jurisdiction
Australia
Judgment Date
24 October 1988
Procedural Posture
Summons for Leave to Appeal / Leave to Appeal Refused
Outcome
leave to appeal refused
Legal Topics
Solicitors' Negligence, Statute of Limitations, Legal Accrual of Cause of Action
Limitation of Actions Negligence Solicitors' Negligence Statute of Limitations Legal Accrual of Cause of Action

Case Brief

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Parties

Stefanovich

Claimant

Curran

Opponent

Procedural Posture

Summons for Leave to Appeal / Leave to Appeal Refused

Legal Issues

  1. 1 When does a cause of action in negligence accrue for statute of limitation purposes in the context of solicitors' negligence?
  2. 2 Does damage occur upon wrongful act (adjournment) or realization of subsequent loss (death of defendant)?
  3. 3 Are solicitor and client costs legal damage for limitation purposes?

Ratio Decidendi

The claimant suffered legal damage, and his cause of action accrued, on the date his solicitors wrongfully consented to the adjournment, not on the later date when the defendant died. The legal obligation to pay solicitor/client costs is sufficient damage. Therefore, the cause of action accrued prior to the statement of claim, rendering it statute barred.

Court Disposition

leave to appeal refused

Orders

  • summons dismissed
  • the claimant to pay the opponents' costs