Dewar v Ollier

[2020] WASCA 25

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Findings of fact
3. › Findings based partly on credibility
4. › Whether appellable error demonstrated
5. › Principles of appellate review from Fox v Percy
1. Limitation of Actions
2. › Statutory limitation periods
3. › Whether claims 'founded on a deed' for limitation purposes
4. › Whether 12-year or 6-year limitation period applicable
5. › Limitation Act 2005 (WA), ss 13, 18
1. Limitation of Actions
2. › Equitable claims
3. › Breach of fiduciary duty
4. › Whether limitation period applied by analogy
5. › Whether s 13 or s 27 of Limitation Act 2005 (WA) applicable
1. Limitation of Actions
2. › Statutory claims
3. › Unconscionable conduct under ASIC Act
4. › Whether claim statute-barred
5. › Australian Securities and Investments Commission Act 2001 (Cth), s 12GF(2)

Quick Take

Under the Limitation Act 2005 (WA), every cause of action including equitable claims is subject to a limitation period. Where a breach of fiduciary duty claim is founded on the same facts as a tort claim, the 6-year limitation period in s 13 applies by analogy. Claims for unconscionable conduct under s 12GF(1) of the ASIC Act are subject to the 6-year limitation period in s 12GF(2), which cannot be extended by State legislation. A document is not a deed unless it satisfies the requirements of s 9(1) of the Property Law Act 1969 (WA), including signature by the party to be bound and attestation by a witness.