Mackenzie v Albany Finance Ltd

In the Supreme Court of Western Australia, Mackenzie sued Albany Finance Limited for alleged breaches of the Unclaimed Money Act 1990 (WA). The plaintiff claimed that the defendant had failed to pay him deposits he had made and the interest owed on those deposits. Albany Finance argued that the claims were statute barred and that the plaintiff's conduct in pleading the limitation defence was unconscionable. Additionally, the plaintiff sought a certificate under section 11 of the Evidence Act 1906 (WA).

The primary legal issue before the court was whether the plaintiff's claims were barred by the Limitation Act 1936 (WA) and if the defendant's reliance on this defence was unconscionable. The court also had to determine if Albany Finance had contravened the Unclaimed Money Act 1990 (WA) by failing to pay the deposits and the associated interest. Furthermore, the court considered whether to grant a certificate under section 11 of the Evidence Act 1906 (WA) to facilitate the plaintiff's access to documents from a third party.

The court found that the plaintiff's claims were not statute barred as the cause of action accrued when the plaintiff became aware, or ought to have become aware, of the defendant's alleged breaches. It held that Albany Finance had contravened the Unclaimed Money Act 1990 (WA) by not paying the deposits and the interest. The court found that the defendant's conduct in pleading the limitation defence was unconscionable, and granted the plaintiff a certificate under section 11 of the Evidence Act 1906 (WA) to access the necessary documents.