Savage & Ors v Lunn & Ors

The applicants, Savage and others, sought leave to appeal from a judgment of the Full Court of the Supreme Court of South Australia. The respondents were Lunn and others. The dispute concerned the interpretation and application of certain provisions of the *Corporations Act 2001* (Cth) and the *Limitation of Actions Act 1936* (SA) in the context of a claim for damages arising from alleged misleading and deceptive conduct.

The primary legal issues before Gummow J were whether the Full Court had erred in its determination of the applicable limitation period for the applicants' claims and whether the Full Court had correctly interpreted the scope of the respondents' liability under the *Corporations Act*. Specifically, the court was asked to consider whether the claims were time-barred and whether the respondents could be held liable for conduct that occurred prior to their involvement with the relevant company.

Gummow J considered the principles of statutory interpretation relevant to both the *Corporations Act* and the *Limitation of Actions Act*. His Honour examined the case law concerning the commencement of limitation periods for claims involving misleading and deceptive conduct, particularly where the full extent of the damage may not have been immediately apparent. The decision turned on the precise wording of the statutory provisions and their application to the factual matrix presented.

Leave to appeal was refused.