A claim for equitable compensation for dishonest assistance in breach of fiduciary duty (Barnes v Addy) is not a claim 'for the recovery of money paid' or 'based on restitutionary grounds' within s 38(1) of the Limitation of Actions Act 1936 (SA). While a six-year statutory time limit may in principle be applied by analogy to such a claim, the question whether it should be applied requires consideration of all the circumstances including concealed fraud and the plaintiff's knowledge, and is generally unsuitable for determination on a summary application. The equitable doctrine of concealed fraud may delay the running of time applied by analogy until the plaintiff becomes aware of the facts giving rise to the claim.
The full text is available to signed-in members, including the 33 later cases that cite this judgment.
4 of the 33 citing cases carry a classified treatment. How each court treated it is available to signed-in members.