Dunstan v Higham & Ors

[2014] ACTSC 206

Supreme Court of the ACT27 August 2014

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Interrogate

Catchwords

1. Limitation of Actions
2. › Fraud and concealment
3. › Deliberate concealment of fact relevant to cause of action
4. › Whether internal minute constituted fact relevant to cause of action
5. › Whether concealment postponed limitation period
6. › Limitation Act 1985 (ACT), s 33(1)(b)
1. Tort
2. › Misfeasance in public office
3. › Public servants
4. › Whether defendants acted in bad faith
5. › Whether actions outside scope of statutory authority
6. › Public Service Act 1922 (Cth), s 61
1. Contract
2. › Breach of contract of employment
3. › Public service employment
4. › Whether disciplinary proceedings conducted in accordance with statute
5. › Public Service Act 1922 (Cth), ss 61, 63C
1. Tort
2. › Conspiracy
3. › Conspiracy to injure by lawful means
4. › Conspiracy to injure by unlawful means
5. › Whether management discussions constituted conspiracy
6. › Whether predominant purpose was to injure plaintiff

Quick Take

An internal minute expressing an intention not to charge, rather than a final decision, does not constitute a 'fact relevant to a cause of action' for the purposes of s 33(1)(b) of the Limitation Act 1985 (ACT). The provision of unsolicited legal advice to an authorised officer under s 61 of the Public Service Act 1922 (Cth) does not constitute improper interference with the authorised officer's function, provided the ultimate decision remains independently made.