Scald v Bowyer [2017] ACTSC 309 — Negligence & Commencement Of Limitation Period — Barrister AI
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Scald v Bowyer
[2017] ACTSC 309
Supreme Court of the ACT
25 October 2017
Good law / bad law (Silk subscription)
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Interrogate
Catchwords
Negligence
›
whether representation was made negligently
›
alleged lost opportunity
›
duty to take reasonable care
›
whether duty was breached
Limitation of Actions
›
commencement of limitation period
›
prima statute barred
›
Limitation Act 1985 (ACT) s 33(1)
›
where alleged deliberate concealment to fact relevant to cause of action
›
the fact concealed must be a fact which should be pleaded in a Statement of Claim
›
plaintiff alleged the fact was flawed
›
whether Limitation Act 1985 (ACT) s 33(3) applied
›
inconsistency in argument regarding representation
Case Details
Citation
[2017] ACTSC 309
Court
ACTSC
Jurisdiction
Australian Capital Territory
Decision Date
25 October 2017
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[2017] ACTSC 309
7 authorities it relies on
1982
1989
1996
2003
2010
2017
Relies on
7
2015
Innes v Commonwealth
ACTCA 33
2012
Wagdy Hanna and Associates Pty Ltd v National Library of Australia
ACTSC 126
2009
Campbell v Backoffice Investments Pty Ltd
HCA 25
2004
Whittle & Anor v Filaria Pty Limited & Ors
ACTSC 45
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