17 Dec 2010
DORCHESTER FINANCE LIMITED V DELOITTE AND ANOR HC AK CIV-2010-404-006442
- Citation
- openlaw-1cf9e8a4_4aac_4a3c_8ce4_cdebd551af78.pdf
- Court
- High Court
The contractual one-year limit for actions for non-payment operated as a procedural bar to Deloitte bringing proceedings after 14 December 2009 but did not extinguish the underlying debt; the Waller review and the revised invoice did not extend or restart the one-year period; Perpetual, as the party primarily obliged to pay, was entitled to pay Deloitte's reasonable revised fee and to seek reimbursement from Dorchester under the Trust Deed and statutory trustee indemnity provisions.