Cassis v Kalfus

The parties to this appeal were Cassis (appellant) and Kalfus (respondent). The dispute concerned the respondent's claim for damages for personal injury, which the appellant sought to defend on the grounds of limitation. The appeal was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the trial miscarried due to a significant delay in the delivery of judgment, and whether the respondent's cause of action accrued at the time of the injury or at a later point when actual financial loss was suffered. Specifically, the court had to determine if the loss of secure employment, without any immediate loss of income, constituted damage for the purposes of the limitation period.

The Court of Appeal found that the trial had miscarried. The primary judge had reserved judgment and, over 12 months later, called for further submissions on the limitation defence, which had not been fully determined during the trial. This delay and the subsequent call for submissions, after the judgment had been reserved for such an extended period, meant that the trial judge had not properly considered all aspects of the case, including the crucial limitation defence, in a timely manner. The court also considered the accrual of the cause of action, noting that damage is suffered when a plaintiff sustains an injury that is actionable, which may occur even if there is no immediate financial loss.

The Court of Appeal allowed the appeal, set aside the judgment of the primary judge, and ordered that the respondent's claim be dismissed on the grounds that it was statute-barred.