Brandley & anor -v- Deane & anor [2016] IECA 54 (02 March 2016)

Brandley & anor -v- Deane & anor [2016] IECA 54 (02 March 2016)

The cause of action for negligence and breach of contract in property damage cases accrues when actual damage occurs, not merely when negligent conduct takes place. The plaintiffs did not suffer actionable damage at the time of installation of the defective foundations; damage occurred when cracks appeared in December 2005, within the limitation period.

Citation
[2016] IECA 54
Parties
Plaintiff/appellant: Liam Brandley; Plaintiff/appellant: WJB Developments Limited; Defendant/respondent: Hubert Deane t/a Hubert Deane & Associates; Defendant/respondent: John Lohan t/a John Lohan Ground Works Contractors
Jurisdiction
Ireland
Judgment Date
02 March 2016
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Statute of Limitations, Negligence, Accrual of Cause of Action, Property Damage
Tort Contract Civil Procedure Statute of Limitations Negligence Accrual of Cause of Action Property Damage

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Parties

Liam Brandley

Plaintiff/appellant

WJB Developments Limited

Plaintiff/appellant

Hubert Deane t/a Hubert Deane & Associates

Defendant/respondent

John Lohan t/a John Lohan Ground Works Contractors

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 When does the cause of action accrue for negligence and breach of contract in property damage cases?
  2. 2 Is the test for accrual based on discoverability or occurrence of actionable damage?

Ratio Decidendi

The cause of action for negligence and breach of contract in property damage cases accrues when actual damage occurs, not merely when negligent conduct takes place. The plaintiffs did not suffer actionable damage at the time of installation of the defective foundations; damage occurred when cracks appeared in December 2005, within the limitation period.

Court Disposition

appeal allowed

Orders

  • High Court decision set aside
  • Matter remitted to High Court for assessment of damages