NEW SOUTH WALES COURT OF APPEAL
CITATION: Christie v Purves & 2 Ors [2007] NSWCA 182
FILE NUMBER(S):
40305/06
HEARING DATE(S): 17/07/07, 20/07/07
EX TEMPORE DATE: 20 July 2007
PARTIES:
Terence Joseph Christie (Appellant)
Nigel Charles Purves (First Respondent)
Peter Frederick Freeman (Second Respondent)
Anthony Chiriloo (Third Respondent)
JUDGMENT OF: Beazley JA Ipp JA Campbell JA
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 2100/03
LOWER COURT JUDICIAL OFFICER: Hungerford ADCJ
LOWER COURT DATE OF DECISION: 08/05/06
COUNSEL:
S T White SC/S R Meehan (Appellant)
No Appearance (First Respondent)
G Curtin (Second & Third Respondents)
SOLICITORS:
Harris Freidman Hyde Page (Appellant)
Henry Davis York (Second & Third Respondents)
CATCHWORDS:
LIMITATION OF ACTIONS – period of limitation – action in tort for pure economic loss – (i) loss of an entitlement to a stream of income – (ii) loss of a potential entitlement to income tax reduction – (iii) infringement of an interest in keeping one’s professional affairs and business records in proper form – appellant alleged that the first respondent (a) gave him negligent taxation advice; and (b) engaged in misleading or deceptive conduct, as a result of which the appellant suffered damage – whether the appellant’s actions in negligence and misleading or deceptive conduct were statute barred by s 14 of the Limitation Act 1969 (NSW) and s 68 of the Fair Trading Act 1987 (NSW) – general principles relating to limitation of actions in negligence and misleading or deceptive conduct for pure economic loss – time commences when the cause of action accrues – cause of action accrues when the plaintiff first suffers any actual, measurable damage (although, time may run before the damage is discovered, or could, on reasonable inquiry, have been discovered, by the party allegedly wronged) – cause of action accrues even if some of the plaintiff’s damages are prospective – as regards the appellant’s claim for loss of income, loss was suffered immediately upon his appointment as a judge of the District Court of New South Wales on 8 September 1993 – as regards the appellant’s claim arising from his failure to obtain reductions in the income tax payable to him during each of the financial years 1991, 1992 and 1993, loss was suffered at the end of each of those years – as regards the appellant’s claim based on the confusion and disorder in his taxation records, loss was suffered when an independent review of those records was required by another accountant. D
LEGISLATION CITED:
Fair Trading Act 1987 (NSW), ss 42, 68
Income Tax Assessment Act 1936 (Cth), s 17
Limitation Act 1969 (NSW), s 14
Limitation Act 1985 (ACT), s 11
Trade Practices Act 1974 (Cth), s 82
CASES CITED:
Cartledge v E Jopling & Sons Limited [1963] AC 758
Cheney & Wilson v Duncan (2001) 34 MVR 28
Commonwealth v Cornwell (2007) 234 ALR 148
Darley Main Colliery Company v Mitchell (1886) 11 App Cas 127
Hawkins v Clayton (1988) 164 CLR 539
Law Society v Sephton &…
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- AGLC
- Christie v Purves [2007] NSWCA 182
- Case
- [2007] NSWCA 182
- Decision Date
CaseChat Overview and Summary
The court was required to determine when Mr Christie's causes of action accrued for the purposes of the relevant limitation periods. Specifically, it needed to ascertain the point at which he suffered actual, measurable damage in relation to his claims for loss of income, loss of potential income tax reductions, and the infringement of his interest in maintaining orderly professional affairs and business records. The court also considered whether the damage, even if prospective, commenced the limitation period.
The court applied the general principle that a cause of action accrues when the plaintiff first suffers any actual, measurable damage, even if that damage is prospective and not yet discovered. In this instance, the court found that the loss of income was suffered immediately upon Mr Christie's appointment as a judge on 8 September 1993. The loss arising from the failure to obtain income tax reductions was deemed to have been suffered at the end of each relevant financial year (1991, 1992, and 1993). The damage relating to the confusion and disorder in his taxation records was considered to have occurred when an independent review of those records became necessary. The court upheld the trial judge's assessment that the costs associated with reviewing Mr Christie's financial affairs were merely an increase in the loss suffered from the initial accrual date.
The appeal was dismissed, with the Court of Appeal affirming the trial judge's findings and ordering that Mr Christie pay the costs of the appeal.
Orders
Orders of the court
Appeal dismissed with costs.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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