Perman v Wentholt-Dwyer

In Perman v Wentholt-Dwyer, the dispute arose between the plaintiff, Perman, and the defendant, Wentholt-Dwyer, concerning the date from which interest should be calculated under section 94 of the Limitation Act 1969 (NSW). The case centred around the plaintiff's claim for equitable compensation due to a proprietary estoppel. The dispute was determined by the Supreme Court of New South Wales.

The legal issue before the court was to decide the appropriate date from which interest should begin to accrue under section 94, when the claim was for equitable compensation arising from a proprietary estoppel. The court needed to determine whether the interest should start from the date of the plaintiff's knowledge of the claim or from the date when the cause of action accrued.

The court found that the date from which interest should run is when the cause of action accrues, which is when the plaintiff's equitable compensation claim arises. The court reasoned that this approach ensures fairness and reflects the true nature of the claim. The court held that the date of accrual should be based on the facts and circumstances of each case, taking into consideration when the plaintiff became aware of the relevant facts that gave rise to the claim. The court ultimately determined that interest should run from the date when the cause of action accrued, rather than from the date of the plaintiff's knowledge.

The court ordered that interest should be calculated from the date when the cause of action accrued, in accordance with section 94 of the Limitation Act 1969 (NSW). The specific date of accrual was left to be determined based on the facts of the case.