Wilson v Rigg

The appeal in *Wilson v Rigg* concerned a dispute arising from a motor vehicle accident. The appellant, Wilson, had instructed a solicitor to commence proceedings under the *Motor Accidents Act 1988* (NSW). The solicitor failed to commence proceedings within the statutory time limit. An application for an extension of time was subsequently refused. Wilson then commenced an action against the solicitor, alleging negligence in the conduct of the application for an extension of time. The action was commenced more than six years after the initial accident but less than six years after the refusal of the extension of time. The central question before the court was whether Wilson's claim against the solicitor was statute-barred.

The legal issues before the court were whether Wilson's cause of action in relation to the solicitor's failure to commence proceedings within the time allowed was statute-barred, and whether a separate cause of action existed in relation to the solicitor's alleged failure to properly conduct the application for an extension of time. The court had to determine the date from which the limitation period for each potential cause of action should be calculated.

The court reasoned that the cause of action for negligence in failing to commence proceedings within the statutory time limit accrued at the date when those proceedings ought to have been commenced, which was 1 July 1992. Therefore, any claim based solely on this failure was statute-barred. However, the court held that a separate cause of action could arise from the solicitor's alleged negligence in conducting the application for an extension of time. This separate cause of action accrued at the date of the refusal of the extension, which was later than the initial limitation period. The court allowed the appeal, set aside the previous decision and judgment for the defendant, and answered the question posed by the defence. The matter was remitted for hearing and determination, with no order as to the costs of the appeal or the separate question.