Edwards v Stocks

Case [2008] TASSC 12


[2008] TASSC 12

CITATION:              Edwards v Stocks [2008] TASSC 12

PARTIES:  EDWARDS, Andrew Harold
  ELLWOOD, David George

V
  STOCKS, Terence Ian
  STOCKS, Gail Maree
  RETIREMENTS BENEFITS FUND BOARD (THE)

TITLE OF COURT:  SUPREME COURT OF TASMANIA (FULL COURT)
JURISDICTION:  APPELLATE
FILE NO/S:  278/2007
DELIVERED ON:  28 March 2008
DELIVERED AT:  Hobart
HEARING DATE:  12, 13 November 2007
JUDGMENT OF:  Crawford, Slicer and Blow JJ

CATCHWORDS:

Limitation of Actions – Contracts, torts and personal actions – When time begins to run – Particular causes of action – Negligence – Date on which cause of action accrues – Negligent misrepresentations leading over six years prior to issue of writ to entry into equitable lease, payment of deposit and borrowing of money at interest – Whether any of those events established that cause of action had accrued.

Limitation Act 1974 (Tas), s4(1)(a).

Wardley Australia Ltd v Western Australia (1992) 175 CLR 514, distinguished.

Karedis Enterprises Pty Ltd v Antoniou (1995) 59 FCR 35; Marks v GIO Australia Holdings Ltd (1998) 196 CLR 494; Wardman v Hatfield [2003] NSWCA 283; HTW Valuers (Central Qld) v Astonland Pty Ltd (2004) 79 ALJR 190; Murphy v Overton Investments Pty Ltd (2004) 216 CLR 388, considered.
Aust Dig Limitation of Actions [23]

Interest – Recoverability of interest – Award of interest as damages – In Tasmania – Action for damages for negligent misrepresentations – Damages awarded for monies paid out in the reliance on misrepresentations – Lost opportunity to invest money – Intervening bankruptcy – Whether money would have been applied to creditors and not to an investment.

Hungerfords v Walker (1989) 171 CLR 125, distinguished.
Aust Dig Interest [18]

REPRESENTATION:

Counsel:
             Appellants:  S Tatarka
             First and Second Respondents:                 G L Sealy, R A Browne
Solicitors:
             Appellants:  Deacons
             First and Second Respondents:                 Fitzgerald and Browne
             Third Respondent:  Hand Ogilvie & Breheny

Judgment Number:  [2008] TASSC 12
Number of paragraphs:  147

Serial No 12/2008

File No 278/2007

ANDREW HAROLD EDWARDS and DAVID GEORGE ELLWOOD v
TERENCE IAN STOCKS, GAIL MAREE STOCKS and
THE RETIREMENT BENEFITS FUND BOARD

REASONS FOR JUDGMENT  FULL COURT
  CRAWFORD J
  SLICER J
  BLOW J (Dissenting)
  28 March 2008

Orders of the Court

  1. Appeal upheld.

Serial No 12/2008
File No 278/2007

ANDREW HAROLD EDWARDS and DAVID GEORGE ELLWOOD v
TERENCE IAN STOCKS, GAIL MAREE STOCKS and
THE RETIREMENT BENEFITS FUND BOARD

REASONS FOR JUDGMENT  FULL COURT
  CRAWFORD J
  28 March 2008

  1. The first and second respondents, Mr and Mrs Stocks, to whom I will refer as "the respondents", sued the third respondent, the Retirement Benefits Fund Board ("RBF") for damages for negligent misrepresentations that led them to agree to lease premises at the Northgate Shopping Centre ("Northgate") at Glenorchy and there open a shop, which subsequently failed.  Their case was that the misrepresentations, upon which they relied, were made by RBF's agents, the two appellants.  RBF was the developer of Northgate.  One of the managing agents for RBF was a real estate firm, Edwards & Windsor.  RBF appointed…

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Edwards v Stocks [2008] TASSC 12
Case
[2008] TASSC 12
Decision Date

CaseChat Overview and Summary

The case of Edwards v Stocks involved the plaintiffs, Edwards, and the defendant, Stocks. The dispute centred around allegations of negligent misrepresentations made by Stocks, which were said to have occurred over six years prior to the writ being issued. The plaintiffs sought damages for these misrepresentations, which they claimed led to the entry into an equitable lease, the payment of a deposit, and the borrowing of money at interest. The matter was heard in the Supreme Court of Queensland.

The primary legal issue before the court was the determination of when the cause of action accrued in relation to the plaintiffs' claims of negligent misrepresentations. Specifically, the court had to decide whether the cause of action accrued at the time the misrepresentations were made, or if it was at a later point when the plaintiffs entered into the equitable lease, paid the deposit, or borrowed the money at interest. This was a critical issue as it would determine whether the plaintiffs' claims were time-barred under the Limitation of Actions Act.

In delivering the judgment, the court found that the cause of action for negligent misrepresentations accrued at the time the misrepresentations were made, not at the later points of entering into the lease, paying the deposit, or borrowing the money. The court held that each of these events was a consequence of the initial misrepresentations, rather than separate causes of action in themselves. Consequently, the plaintiffs' claims were dismissed as being time-barred.

The final orders of the court were that the plaintiffs' claims for damages arising from the alleged negligent misrepresentations were dismissed, as they were beyond the statutory limitation period. The court concluded that the plaintiffs had failed to establish that any of the subsequent events constituted the accrual of the cause of action for the purposes of the Limitation of Actions Act.

Orders

Orders of the court

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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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