Dougall v Melville

In *Dougall v Melville*, the appellants sought leave to appeal from an order of the primary judge. The dispute concerned claims of professional negligence and misrepresentation brought by the respondent against the appellants. The appellants applied for summary dismissal of these claims, arguing they were barred by the six-year limitation period prescribed by the *Limitation Act 1969* (NSW) and the *Fair Trading Act 1987* (NSW).

The central legal issues before the Court of Appeal were whether the respondent's causes of action had accrued within the relevant limitation periods, and specifically, when measurable damage had been suffered by the respondent. This involved considering the principles governing the accrual of causes of action in cases of professional negligence and misrepresentation, and whether any statutory contingencies needed to be satisfied for the limitation period to commence.

The Court of Appeal determined that the primary judge had erred in not dismissing the proceedings. Applying the principles regarding the accrual of causes of action, particularly the requirement for measurable damage to have been suffered, the Court found that the respondent's claims were indeed out of time. The Court noted that the appellants had succeeded on grounds not fully advanced before the primary judge.

Consequently, the Court of Appeal granted leave to appeal, set aside the orders of the primary judge, and ordered that the proceedings be dismissed pursuant to rule 13.4 of the *Uniform Civil Procedure Rules 2005* (NSW). The respondent was ordered to pay the defendants' costs of the proceedings below. The Court also ordered that the respondent pay fifty per cent of the appellants' costs of the appeal, with the appellants bearing the balance of their own costs for those proceedings.