28 Jun 2007
WALKERS NURSERIES LTD V CARLILE DOWLING HC AK CIV-1994-441-000057
- Citation
- openlaw-b7cfacde_abda_4ff5_b163_d9225cc2f1ff.pdf
- Court
- High Court
The Court upheld the Associate Judge: the causes of action in contract and negligence accrued by 15 February 1989 at the latest so the claims introduced in 1995 and 2003 were barred by s4(1) Limitation Act 1950; the later Ellis J judgment merely quantified pre-existing loss and did not defer accrual; absent a discoverability rule or statutory exception the defendant may rely on limitation and strike out was proper.