Murray v Whiting

Murray v Whiting involved a dispute between the parties over a claim for damages arising from an unwanted pregnancy. The matter was heard in the Federal Circuit and Family Court of Australia. The plaintiff sought damages for personal injury and pure economic loss due to the unwanted pregnancy. The defendant sought an order that the plaintiffs' case be dismissed on the basis that the claims were time-barred under the applicable statutes of limitation.

The primary legal issue was whether the plaintiffs' claims for personal injury and pure economic loss constituted distinct causes of action. If so, this would determine the applicable limitation periods for each claim. The court also needed to consider whether the plaintiffs' claims were time-barred given the relevant limitation periods.

The court found that the claims for personal injury and pure economic loss were distinct causes of action and thus subject to separate limitation periods. The court then examined the applicable limitation periods under the relevant legislation, including the Limitation of Actions Act 1974. The court concluded that the plaintiffs' claims for personal injury were time-barred, but their claims for pure economic loss were not. The court struck out the relevant paragraphs of the statement of claim but dismissed the application otherwise.

The court's final orders were to strike out paragraphs 16(a) and (b) of the statement of claim and to dismiss the application otherwise.