Guthrie v Spence

Case [2009] NSWCA 369


Reported Decision: 78 NSWLR 225

New South Wales


Court of Appeal


CITATION: Guthrie v Spence [2009] NSWCA 369
This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 8 September 2009
 
JUDGMENT DATE: 

17 November 2009
JUDGMENT OF: Basten JA at 1; Campbell JA at 2; Handley AJA at 210
DECISION: Orders made to rectify procedural deficiencies in court below. Leave to appeal granted. Appeal dismissed with costs.
CATCHWORDS: LIMITATION OF ACTIONS – postponement of the bar – disabilities – nature of the disability required – type of affairs with respect to which the disability must relate – nature of the suspension arising from a period of disability – meaning of “cause of action” in the Limitation Act 1969 – APPEAL AND NEW TRIAL – appeal – no order made in the court below – incomplete application for leave to appeal – procedure for dealing with a purported appeal when there was no order made in the District Court below – transfer of proceedings in the District Court for the purpose of making an order – PROCEDURE – interlocutory decisions – limitation of actions – methods by which a claim that a limitation period has been suspended might be litigated – EVIDENCE – admissibility of a history recorded in a medical report – WORDS AND PHRASES – “cause of action” – “substantially” – “affairs” – “management of his or her affairs”
LEGISLATION CITED: Civil Liability Amendment (Personal Responsibility) Act 2002
Civil Procedure Act 2005
District Court Act 1973
Evidence Act 1995
Interpretation Act 1987
Limitation Act 1969
Mental Health Act 1958
NSW Trustee and Guardian Act 2009
Protected Estates Act 1983
Supreme Court Act 1970
Trade Practices Act 1974 (Cth)
Uniform Civil Procedure Rules
CATEGORY: Principal judgment
CASES CITED: Allianz Australia Insurance Ltd v GSF Australia Pty Ltd [2005] HCA 26; (2005) 221 CLR 568
Banks v Goodfellow (1870) LR 5 QB 549
Bass v Permanent Trustee Co Ltd [1999] HCA 9; (1999) 198 CLR 334
Chamberlain v Deputy Commissioner of Taxation (1988) 164 CLR 502
Cranbrook School v Stanley [2002] NSWCA 290
Dainford Ltd v Lam (1985) 3 NSWLR 255
Damjanovic v Sharpe Hume & Co (Services) Pty Ltd [2001] NSWCA 130
Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25; (2001) 21 NSWCCR 389
Doulaveras v Daher [2009] NSWCA 58; (2009) 253 ALR 627
Eastman v The Queen (1997) 76 FCR 9
Fletcher v Besser [2004] NSWCA 132
Gibbons v Wright (1954) 91 CLR 423
Haines v Leves (1987) 8 NSWLR 442
In the Estate of Park; Park v Park [1954] P 89
Inasmuch Community Inc v Bright [2006] NSWCA 99; (2006) 45 MVR 234
Kelly v The Queen [2004] HCA 12; (2004) 218 CLR 216
Kerr v Badran [2004] NSWSC 735
Kotulski v Attard [1981] 1 NSWLR 115
Lee v The Queen [1998] HCA 60; (1998) 195 CLR 594
Masterman-Lister v Brutton & Co [2002] EWCA Civ 1889; [2003] 1…

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AGLC
Guthrie v Spence [2009] NSWCA 369
Case
[2009] NSWCA 369
Decision Date

CaseChat Overview and Summary

The proceedings concerned an appeal from a decision of the District Court of New South Wales. The appellant, Mr Guthrie, sought to bring a claim against the respondent, Mr Spence, in respect of a cause of action that arose in 1997. The primary issue was whether the appellant's claim was barred by the Limitation Act 1969 (NSW), or if the limitation period had been postponed due to a disability suffered by the appellant.

The Court of Appeal was required to determine whether the appellant suffered from a disability within the meaning of the Limitation Act 1969, and if so, whether that disability prevented him from managing his affairs. Specifically, the court considered the nature of the disability required to postpone the limitation period and the type of affairs with respect to which the disability must relate. The court also addressed procedural issues arising from the fact that no final order had been made by the District Court, and the appellant's subsequent application for leave to appeal.

The Court of Appeal reasoned that for a disability to postpone the operation of the limitation period, it must be such that the person is unable to manage their affairs. This requires a substantial inability to conduct one's affairs, not merely a difficulty or inconvenience. The court found that the appellant's medical condition, while significant, did not amount to a disability that prevented him from managing his affairs in the relevant sense. The court also noted that the medical report contained hearsay evidence regarding the appellant's history, but this did not prevent the court from making the necessary findings of fact.

The Court of Appeal made orders to rectify procedural deficiencies in the court below, granted leave to appeal, but ultimately dismissed the appeal with costs.

Orders

Orders of the court

Orders made to rectify procedural deficiencies in court below. Leave to appeal granted. Appeal dismissed with costs.

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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