Hutchinson & Anor v Equititour Pty Ltd & Ors

[2010] QCA 104

Queensland Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Accrual of cause of action
3. › Simple contracts and torts
4. › Claims for economic loss
5. › Whether loss suffered at date of acquisition where true value less than purchase price
6. › Whether loss contingent on future event
7. › Limitation of Actions Act 1974 (Qld), s 10
1. Limitation of Actions
2. › Extension or postponement of limitation periods
3. › Fraud and deceit
4. › Onus of pleading and proving fraud
5. › Whether plaintiff must plead and prove fraud to engage s 38
6. › Whether fraud discoverable with reasonable diligence before limitation date
7. › Limitation of Actions Act 1974 (Qld), s 38
1. Practice and Procedure
2. › Summary judgment
3. › Onus on applicant to show no real prospect of success
4. › Where party resisting summary judgment bears onus on critical issue
5. › Whether summary judgment should be refused where no evidence adduced to discharge onus
6. › Uniform Civil Procedure Rules 1999 (Qld), r 293
1. Damages
2. › Measure of damages
3. › Negligent misrepresentation
4. › True value determined with benefit of hindsight
5. › Transaction costs as recoverable loss
6. › Holding costs as recoverable loss

Quick Take

A cause of action for economic loss arising from the purchase of property at a price exceeding its true value accrues at the date of settlement, not when the plaintiff discovers the loss or when a contingency (such as a lessee's decision not to renew) eventuates. The onus of pleading and proving the matters engaging s 38 of the Limitation of Actions Act 1974 (Qld) rests on the plaintiff. Where the party resisting summary judgment bears the onus on a critical issue and adduces no evidence to discharge it, summary judgment should not be refused by reference to that issue.