Cornwell v Cth

[2005] ACTSC 14

Supreme Court of the ACT

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Interrogate

Catchwords

1. Tort Law
2. › Negligence
3. › Negligent misstatement
4. › Employer's duty to employee
5. › Incorrect advice about superannuation entitlements
6. › Whether employer vicariously liable for section manager's negligent advice
7. › Whether employee entitled to rely on superior's advice without further inquiry
1. Limitation of Actions
2. › Accrual of cause of action
3. › Negligence causing economic loss
4. › Loss contingent on future event
5. › Whether cause of action accrued when negligent advice given or when loss crystallised on retirement
6. › Limitation Act 1985 (ACT), s 11
1. Limitation of Actions
2. › Fraud and concealment
3. › Whether negligent failure to inform amounted to deliberate concealment
4. › Limitation Act 1985 (ACT), s 33
1. Contract
2. › Implied terms
3. › Employment contract
4. › Duty to inform employee of superannuation entitlements
5. › Whether breach of implied term statute-barred
6. › Superannuation Act 1922 (Cth), s 4(5)

Quick Take

An employer's negligent misstatement to an employee about superannuation eligibility gives rise to a cause of action in negligence, with the cause of action accruing not when the negligent advice is given but when the loss crystallises upon retirement. A breach of contract claim for the same conduct accrues when the breach is committed and may be statute-barred even where the negligence claim is not.