2 Mar 2007
HOOK V GULF HARBOUR TOWN CENTRE LIMITED (IN LIQUIDATION) AND ORS HC AK CIV 2002-404-1931
- Citation
- openlaw-89578442_80f5_4ae4_98a0_6982ac80c225.pdf
- Court
- High Court
The Court held that the plaintiff's claims founded on alleged contraventions of the Commerce Act (first cause) and the Fair Trading Act (fifth cause), and related tort causes of action (deceit, negligent misstatement, promissory estoppel and unlawful means conspiracy as pleaded), were statute-barred: the relevant matters ought reasonably to have been discovered well before the limitation cut-off dates and s28 did not postpone limitation because there was no concealment or fiduciary duty; the Commerce and Fair Trading Acts are statutory codes precluding parallel tort claims; accordingly those…