Innes v Commonwealth

[2015] ACTCA 33

ACT Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Accrual of cause of action
3. › Negligence
4. › Pure economic loss
5. › Negligent misstatement
6. › When loss first ascertainable
7. › Whether loss accrued when statutory entitlement to superannuation benefit arose or when benefit would have been received
8. › Limitation Act 1985 (ACT), s 11(1)
1. Tort
2. › Negligence
3. › Pure economic loss
4. › Negligent misstatement
5. › Superannuation entitlements
6. › Identification of relevant interest infringed
7. › Whether interest was entitlement to receive benefit or receipt of benefit
8. › Superannuation Act 1976 (Cth), ss 59, 137, 139

Quick Take

Where a claimant alleging negligent misstatement about superannuation eligibility would have been entitled to a superannuation benefit upon cessation of employment (even if they would have elected to defer payment), the cause of action accrues at the date of cessation of employment, not at the later date when the deferred benefit would have been received. The election to defer payment affects quantum of damages but does not postpone accrual of the cause of action. This distinguishes the position from Cornwell, where the claimant had no entitlement to any benefit until retirement.