Doyle v Gillespie

Case [2010] ACTSC 21


HEATHER DOYLE v MICHAEL GILLESPIE
[2010] ACTSC 21 (23 MARCH 2010)

LIMITATION OF ACTIONS – extension of limitation period - solicitors to provide clear information about the steps that are required to be taken by the plaintiff to initiate proceedings.
LIMITATION OF ACTIONS – extension of limitation period – significant prejudice to proposed defendant – ‘all circumstances of the case’
LIMITATION OF ACTIONS – extension of limitation period – “duration of disability” – whether legal or physical disability.
LIMITATION OF ACTIONS - extension of limitation period – significant prejudice to proposed defendant – delay in seeking legal advice – substantial passing of time – plaintiff disability of short duration – promptness of action.
LIMITATION OF ACTIONS – extension of limitation period - possibility of action against plaintiff solicitor responsible for delays.

Limitation Act 1985 (ACT), ss 11, 100, 16B, 36, 16B(2), 36(4), 36(3)(d)
Limitation Act 1969 (NSW), ss 560E, 62B(1)
Limitation of Actions Act 1936 (SA), s 30
Limitation Act 1974 (Tas), s 38A(2)(4)
Limitation of Actions Act 1958 (Vic) ss 23A(3)(d), 27L, 23A(3), 27(1)(d)

Court Procedures Rules 2006 (ACT), rr 50(2), r 514(3), 6145, 1701(2)

Statute of Limitations 1540 (32 Henry VIII c2). 
Statute of Limitations 1623 (21 James 1c 16)

J bhnf Vardanega v Australian Capital Territory [2009] ACTSC 170
Canberra Data Centres Pty Ltd v Vibe Construction (ACT) Pty Ltd [2010] ACTSC 20
Weldon v Neal (1887) 19 QBD 394
Wilkinson v Rockdril Contractors Pty Ltd [1997] 1 Qd R 560
Adam v Shiavon [1985] 1 Qd R 1
DJ v RHS & Anor (2004) 182 FLR 76
Stingel v Clark (2006) 228 ALR 229
Doe and Duroure v Jones (1791) 4 TR 301; 100 EER 1031
White v Parnther (1829) 1 Knapp 179
Cholmondeley v Clinton (1820) 2 Jac & W 1; 37 ER 527
Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541
Archie v Archie;  Smythe Third Party [1980] Qd R 546
Sessions v Phengsiaroun [2008] ACTSC 132
Noja v Civil and Civic Pty Ltd and Ors (1990) 26 FCR 95
Daroczy v BJ Engineering Pty Ltd (in liq) (1986) 67 ACTR 3
Paramasivam v Flynn (1998) 90 FCR 489
McIntosh v Southern Meats Pty Ltd (t/a Harden Abattoir) (1997) Aust Torts Rep¶ 81-424
Duff v Freijah (1982) 62 FLR 280
Lucic v Nolan (1982) 45 ALR 411
Jess v Scott (1986) 12 FCR 187
Salter Rex & Co v Ghosh [1971] 2 QB 597
Minister for Immigration and Citizenship v Manaf (2009) 111 ALD 437
Comcare v A’Hearn (1993) 45 FCR 441
Smith v Grant (2006) 67 NSWLR 735
Tolcher v Gordon (2005) 53 ACSR 442
Stollznow v Calvert [1980] 2 NSWLR 749
Nguyen v Jajic [2007] ACTSC 12
Whiteford v Ropalo Services Pty Ltd [2009] ACTSC 22
S & B Pty Limited v Podobnik (1994) 53 FCR 380
Brozinic v PHC Operations Pty Ltd t/as Hyatt Hotel Canberra [2008] ACTSC 20
Goodwin v Smith (unreported, ACTSC, Miles CJ, SC 694 of 1990, 10 December 1990)
Arnold v Commonwealth &…

Continue reading Doyle v Gillespie

Sign in free to access the full text

Details
AGLC
Doyle v Gillespie [2010] ACTSC 21
Case
[2010] ACTSC 21
Decision Date

CaseChat Overview and Summary

In the matter of Doyle v Gillespie, the plaintiff sought an extension of the limitation period under s 36 of the Limitations Act 1980 (ACT) for an action arising out of operations performed by the defendant on or about 7 September 1998, 18 January 1999 and 22 January 1999. The plaintiff contended that her solicitors were responsible for the delay in initiating the proceedings. The court had to decide whether to extend the limitation period under the given circumstances.

The court examined the factors relevant to extending the limitation period, including the duration of the plaintiff's disability, the extent of prejudice to the defendant, and the overall circumstances of the case. The plaintiff argued that her disability was of short duration and that she acted promptly in seeking legal advice. However, the court noted that the plaintiff's delay in seeking legal advice and the substantial passing of time posed significant prejudice to the defendant. The court also considered the possibility of an action against the plaintiff's solicitor for the delays.

The court found that the plaintiff's disability was not the primary factor in extending the limitation period, as the significant prejudice to the defendant due to the delay in seeking legal advice and the substantial passing of time were more critical. The court granted the extension of the limitation period to 12 October 2007, with the plaintiff to pay the costs of the application. Additionally, the court ruled that the costs of the application would not be assessed until the proceedings for which the extension of time had been granted ended.

Orders

Orders of the court

1. Under s 36 of the Limitations Act 1980 (ACT), the period within which the plaintiff may bring an action arising out of operations performed on her by the defendant on or about 7 September 1998, 18 January 1999 and 22 January 1999 be extended to 12 October 2007.

2. The plaintiff pay the costs of this application.

3. Under r 1701(2) of the Court Procedures Rules 2006 (ACT), the costs of this application not be assessed until the proceedings for which the extension of time has been granted ends.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.