Neil James Duckworth as trustee for the Ocean Farm Trust v Water Corporation

Neil James Duckworth as trustee for the Ocean Farm Trust brought an action against the Water Corporation of Western Australia. The plaintiff claimed that the defendant had breached fiduciary obligations, caused damage and loss, and had failed to provide water licences. The dispute was heard in the Supreme Court of Western Australia. The central legal issues were whether the defendant owed fiduciary duties to the plaintiff, whether the plaintiff's claims were time-barred, and if the defendant had acted fraudulently or concealed information. The court examined whether the relationship between the parties was contractual or fiduciary, and if the statutory limitation period applied.

The court held that the relationship between the plaintiff and the defendant was contractual and at arm's length, and therefore the defendant did not owe fiduciary duties to the plaintiff. The plaintiff's claims based on the alleged breach of fiduciary duties were dismissed as it was not arguable that such duties existed. The court further reasoned that if there had been a viable claim for breach of fiduciary obligation, it would have been subject to the ordinary six-year limitation period by analogy. The court found that the six-year limitation period under section 13(1) of the Limitation Act 2005 applied, and the plaintiff's claims were time-barred. The court granted the defendant's application for summary judgment.

In light of the above, the court ordered that the plaintiff take nothing by his claim against the defendant, and the defendant to recover its costs of the proceeding.