Marks v Roads and Traffic Authority of New South Wales

The case of *Marks v Roads and Traffic Authority of New South Wales* concerned an appeal to the New South Wales Court of Appeal. The appellant, Mr. Marks, sought to bring an action against the Roads and Traffic Authority of New South Wales. The central dispute revolved around the application of limitation periods to a cause of action that arose under retrospective legislation.

The primary legal issue before the Court of Appeal was whether the cause of action accrued at the time the retrospective legislation came into effect, or at some earlier point. This determination was crucial for establishing whether Mr. Marks' claim was time-barred under the relevant limitation statutes. The Court had to consider the principles governing the accrual of causes of action in the context of legislation that operated retrospectively.

The Court of Appeal reasoned that the cause of action, in this instance, accrued upon the commencement of the retrospective legislation. This was because the legislation itself created the right to sue, and therefore, the limitation period could only begin to run once that right was established. The Court applied established principles of statutory interpretation, emphasizing that a cause of action cannot arise before the law creating it comes into existence. Consequently, the appeal was dismissed, and Mr. Marks was ordered to pay the costs of the Roads and Traffic Authority.