Brown v Haureliuk

[2011] ACTSC 9

Supreme Court of the ACT

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Limitation of Actions
2. › Suspension of limitation period
3. › Disability
4. › Mental illness or disorder
5. › Whether plaintiff substantially impeded in management of affairs in relation to cause of action
6. › Whether disability need exist at commencement of limitation period
7. › Limitation Act 1985 (ACT), ss 11(3), 30, 36
1. Practice and Procedure
2. › Notice of claim
3. › Failure to comply with statutory notice requirements
4. › Whether reasonable excuse for non-compliance
5. › Extent of prejudice to defendant
6. › Whether court should exercise discretion to allow plaintiff to proceed
7. › Civil Law (Wrongs) Act 2002 (ACT), ss 51, 59(c)

Quick Take

The word 'disability' in section 30 of the Limitation Act 1985 (ACT) encompasses mental illness or disorder that substantially impedes a person in the management of his or her affairs in relation to the cause of action, and is not restricted to legal disability. A disability for the purposes of s 30 need not exist at the commencement of the limitation period and need not be caused by the events giving rise to the cause of action. The court's function under s 30 is declaratory based on factual findings, not discretionary.