Alcock v Casey

(2007) 215 FLR 59; [2007] ACTSC 87

Supreme Court of the ACT

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Interrogate

Catchwords

1. Limitation of Actions
2. › Personal injury
3. › Confirmation of cause of action
4. › Acknowledgment of liability by insurer
5. › Whether admission of liability under Civil Law (Wrongs) Act 2002 (ACT) s 61(1)(b)(i) constitutes confirmation under Limitation Act 1985 (ACT) s 32
6. › Limitation Act 1985 (ACT), s 16B, s 32
1. Limitation of Actions
2. › Personal injury
3. › Extension of limitation period
4. › Removal of court's power to extend
5. › Whether legislative regime shortening limitation periods impliedly excludes operation of confirmation provisions
6. › Limitation Act 1985 (ACT), s 36(5)
7. › Civil Law (Wrongs) Act 2002 (ACT), s 61
1. Statutes
2. › Interpretation
3. › Purposive construction
4. › Competing legislative purposes
5. › Whether purposive construction of one Act can qualify operation of another Act
6. › Legislation Act 2001 (ACT), s 139

Quick Take

An insurer's written admission of liability under s 61(1)(b)(i) of the Civil Law (Wrongs) Act 2002 (ACT) constitutes a confirmation of the cause of action under s 32 of the Limitation Act 1985 (ACT), resetting the limitation period from the date of that admission. The purposive construction of the Civil Law (Wrongs) Act does not exclude the operation of s 32. Respondents who choose to admit liability under the pre-litigation regime should be aware that doing so may reset the limitation clock.