Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: SUMMERVILLE and ORS v WALSH [1998] NSWCA 222 Decision date: 26 February 1998
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Details
- AGLC
- Summerville v Walsh [1998] NSWCA 222
- Case
- [1998] NSWCA 222
- Decision Date
CaseChat Overview and Summary
Summerville and Ors v Walsh [1998] NSWCA 222 concerned a dispute between the appellants, Summerville and others, and the respondent, Walsh. The precise nature of the dispute is not detailed in the provided text, but it was heard and determined by the New South Wales Court of Appeal.
The central legal issue before the Court of Appeal was the interpretation and application of the *Limitation Act 1969* (NSW), specifically concerning the time limits for bringing certain legal actions. The court was required to consider whether the claims brought by the appellants were statute-barred.
The Court of Appeal's reasoning focused on the principles of statutory interpretation as applied to limitation periods. The court examined the relevant provisions of the *Limitation Act 1969* and considered how they applied to the facts of the case, particularly in relation to when the cause of action accrued and whether any exceptions to the limitation period were applicable. The court ultimately found that the claims were indeed out of time.
Consequently, the Court of Appeal dismissed the appeal, upholding the decision that the appellants' claims were barred by the relevant limitation period.
The central legal issue before the Court of Appeal was the interpretation and application of the *Limitation Act 1969* (NSW), specifically concerning the time limits for bringing certain legal actions. The court was required to consider whether the claims brought by the appellants were statute-barred.
The Court of Appeal's reasoning focused on the principles of statutory interpretation as applied to limitation periods. The court examined the relevant provisions of the *Limitation Act 1969* and considered how they applied to the facts of the case, particularly in relation to when the cause of action accrued and whether any exceptions to the limitation period were applicable. The court ultimately found that the claims were indeed out of time.
Consequently, the Court of Appeal dismissed the appeal, upholding the decision that the appellants' claims were barred by the relevant limitation period.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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