Orwin v Rickards

The plaintiff, Orwin, brought an action against the defendant, Rickards, a solicitor, for professional negligence. The claim arose from a financial agreement between the parties, who were in a de facto relationship. The plaintiff alleged that the financial agreement was defective under section 90UC of the Family Law Act 1975 (Cth). The defendant raised a limitation defence in relation to the plaintiff's claim for consequential losses. The court had to determine whether the threshold fact of the continuing de facto relationship was established and whether the plaintiff could claim for loss of opportunity if the primary conclusion was incorrect. The court also had to consider the Family Law Act 1975 (Cth) part VIIIAB, the Wrongs Act 1958 part IVAA, and Limitation of Actions Act 1958 section 5.

The court held that the threshold fact of the continuing de facto relationship was not established. The court found that the plaintiff had not established that she and the defendant were in a de facto relationship at the relevant time. The court also held that the plaintiff could not claim for loss of opportunity if the primary conclusion was incorrect. The court found that the plaintiff's claim for loss of opportunity was dependent on the establishment of the continuing de facto relationship, which was not established. The court further held that the limitation defence was applicable to the plaintiff's claim for consequential losses.

The court held that the limitation defence was applicable to the plaintiff's claim for consequential losses. The court found that the plaintiff's claim for consequential losses was subject to a limitation period of six years under the Limitation of Actions Act 1958 section 5. The court held that the plaintiff's claim for consequential losses was statute-barred as it was brought more than six years after the cause of action accrued. The court dismissed the plaintiff's claim in its entirety.

The court dismissed the plaintiff's claim in its entirety and ordered the plaintiff to pay the defendant's costs of the proceeding.