Barr v Farrell

Case [2013] WASCA 211


BARR -v- FARRELL [2013] WASCA 211



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2013] WASCA 211
THE COURT OF APPEAL (WA)
Case No:CACV:100/201215 APRIL 2013
Coram:PULLIN JA
NEWNES JA
MURPHY JA
10/09/13
23Judgment Part:1 of 1
Result: Appeal allowed
A
PDF Version
Parties:TANSY ANN BARR
LOUISE FARRELL
ST JOHN OF GOD HEALTH CARE INC

Catchwords:

Limitation of actions
Personal injury
Action for damages arising out of childbirth
Limitation Act 2005 (WA), s 4, s 7
Guardian of plaintiff wrongly advised by solicitors as to limitation period
Action out of time
Application for extension of time to commence action
Limitation Act 2005 (WA), s 41
Whether in the circumstances it was unreasonable for a guardian of the plaintiff not to commence the action within time
Appeal against dismissal of application for extension of time

Legislation:

Limitation Act 2005 (WA), s 41

Case References:

Avondale Motors (Parts) Pty Ltd v Federal Commissioner of Taxation [1971] HCA 17; (1971) 124 CLR 97
Barr (an infant) by her next friend Nigel Morrison Barr v Farrell [2012] WADC 116
Briggs v James Hardie & Co Pty Ltd (1989) 16 NSWLR 549
Burns v Minister for Health [2012] WASCA 267
Carey v Australian Broadcasting Corporation [2012] NSWCA 176
Collector of Customs v Agfa-Gevaert Ltd [1996] HCA 36; (1996) 186 CLR 389
Corporate Affairs Commission (New South Wales) v Yuill [1991] HCA 28; (1991) 172 CLR 319
Dousi v Colgate Palmolive Pty Ltd (1987) 9 NSWLR 374
K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd [1985] HCA 48; (1985) 157 CLR 309
Khoury v Government Insurance Office of (NSW) [1984] HCA 55; (1984) 165 CLR 622
Lacy v Attorney-General (Qld) [2011] HCA 10; (2011) 242 CLR 573
Noonan v MacLennan [2010] QCA 50; [2010] 2 Qd R 537
Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355
R v Brown [1996] AC 543
Re Bolton; Ex parte Beane [1987] HCA 12; (1987) 162 CLR 514
Saeed v Minister for Immigration and Citizenship [2010] HCA 23; (2010) 241 CLR 252
Sola Optical Australia Pty Ltd v Mills [1987] HCA 57; (1987) 163 CLR 628
Taylor v Public Service Board (New South Wales) [1976] HCA 36; (1976) 137 CLR 208
Wik Peoples v Queensland [1996] HCA 40; (1996) 187 CLR 1


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : BARR -v- FARRELL [2013] WASCA 211 CORAM : PULLIN JA
    NEWNES JA
    MURPHY JA
HEARD : 15 APRIL 2013 DELIVERED : 10 SEPTEMBER 2013 FILE NO/S : CACV 100 of 2012 BETWEEN : TANSY ANN BARR
    Appellant

    AND

    LOUISE FARRELL
    First Respondent

    ST JOHN OF GOD HEALTH CARE INC
    Second Respondent


ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : BOWDEN DCJ

Citation : TANSY ANN BARR (an infant)…

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BARR -v- FARRELL [2013] WASCA 211
Case
[2013] WASCA 211
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Western Australia, the case of Barr v Farrell involved a dispute over the limitation of actions for a personal injury claim arising from complications during childbirth. The plaintiff, Barr, sought damages for injuries sustained during childbirth. The defendant, Farrell, argued that the claim was time-barred under the Limitation Act 2005 (WA). The primary legal issue before the court was whether the plaintiff's guardian could be excused for not commencing the action within the statutory limitation period. The guardian had been wrongly advised by solicitors regarding the limitation period, leading to the action being filed outside the prescribed time.

The court was required to consider whether it was reasonable for the guardian not to have commenced the action within the statutory period, given the incorrect advice received from the solicitors. The court examined the circumstances under which the guardian acted, including the reliance on the solicitors' advice, to determine if the guardian's conduct was reasonable under the Limitation Act 2005 (WA). The court needed to balance the statutory requirements of the Limitation Act with the equities of the situation, particularly the reliance on professional advice.

The Supreme Court allowed the appeal, holding that it was not unreasonable for the guardian to rely on the solicitors' advice in determining the limitation period. The court found that the guardian had acted reasonably by following the advice of the solicitors and, as a result, granted an extension of time to commence the action under section 41 of the Limitation Act 2005 (WA). The appeal was successful on the basis that the guardian's reliance on the solicitors' advice was a mitigating factor that justified the extension of time.

Orders

Orders of the court

Appeal allowed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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