Page v Mckensey

The appeal concerned allegations of fraudulent misrepresentation and deceit. The appellant, Page, sought leave to appeal interlocutory orders made in the proceeding. The central dispute revolved around whether the appellant had discovered, or ought reasonably to have discovered, the relevant facts giving rise to their claim within the applicable limitation period, and whether the doctrine of res judicata applied.

The court was required to determine whether the appellant's claim was statute-barred, considering the date on which the appellant ought reasonably to have discovered the facts constituting the alleged fraudulent misrepresentation. Furthermore, the court had to consider whether the principle of res judicata precluded the appellant from pursuing their claim.

The court dismissed the appeal, finding that the appellant had not demonstrated that they ought reasonably to have discovered the relevant facts within the limitation period. The court also found that the doctrine of res judicata applied, preventing the appellant from relitigating issues that had already been determined. Consequently, leave to appeal was refused.