Sullavan & Anor v Teare

[2010] QCA 70

Queensland Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Limitation of particular actions
3. › Simple contracts and torts
4. › Accrual of cause of action
5. › When time begins to run
6. › Actions against solicitors
7. › Negligent advice leading to purchase of overvalued property
8. › Whether loss sustained at date of acquisition or date of later contingency
9. › Limitation of Actions Act 1974 (Qld), s 10(1)(a)
1. Tort
2. › Negligence
3. › Professional negligence
4. › Solicitors
5. › Measure of loss
6. › Purchase of property at overvalue on negligent advice
7. › Whether loss was actual or contingent
8. › Distinction between capital loss at acquisition and subsequent loss of income stream

Quick Take

Where a solicitor's negligence causes a client to purchase property at a price exceeding its market value, the limitation period runs from the date of settlement, not from the date when a contingency (such as a lessee's default on rent) eventuates. The difference between purchase price and market value at the date of acquisition is an actual, non-contingent loss even where the property is income-producing and the diminished value reflects the risk of future income loss. The passage in HTW Valuers about the plaintiff being able to 'find out at once' does not support a discoverability qualification on the accrual rule.