Waung v Subbotovsky [1969] HCA 30

Waung v Subbotovsky [1969] HCA 30

A person who has not previously been in New South Wales at the time a cause of action accrues, and who subsequently enters the State to prosecute their action, is considered 'beyond the Seas' under s. VII of The Statute of Limitations, and the limitation period does not begin until their entry.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
['statute of Limitations' 'jurisdiction']
['civil Procedure'] ['statute of Limitations' 'jurisdiction']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether a person who has not been in New South Wales before the cause of action accrued, and who enters the State for the first time to prosecute the action, can be considered 'beyond the Seas' under s. VII of The Statute of Limitations, 21 Jac. I"]

Ratio Decidendi

A person who has not previously been in New South Wales at the time a cause of action accrues, and who subsequently enters the State to prosecute their action, is considered 'beyond the Seas' under s. VII of The Statute of Limitations, and the limitation period does not begin until their entry.

Court Disposition

appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs.']