Shmakova v Piotrowski; Martincic v Piotrowski

The proceedings involved appeals by Shmakova and Martincic against a decision of the Supreme Court of Tasmania. The dispute concerned the interpretation and application of the *Limitation Act 1974* (Tas) in relation to claims brought by the respondents, Piotrowski, against the appellants.

The central legal issue before the Full Court of the Supreme Court of Tasmania was whether the *Limitation Act 1974* (Tas) conferred a substantive right or merely a procedural bar to claims. This determination was crucial for deciding whether the Act could be applied retrospectively to claims that arose before its commencement.

The Court reasoned that the *Limitation Act 1974* (Tas) established a substantive right to be free from stale claims, rather than merely providing a procedural defence. Consequently, the Act could not be applied retrospectively to extinguish causes of action that had already accrued prior to its commencement. The Court applied the principle that legislation is presumed to operate prospectively unless a clear intention to the contrary is expressed.

The appeals were allowed, and the orders of the Supreme Court were set aside.