Williams v Milotin [1957] HCA 83

Cons Fol Foil my Expl Appl Baan vey Nutt Fal nanty farmonsy — alatey lsonv oo « Jumbsony

Par orne er Mees ASWL Roa Mand anit eatin Hess SRGUAS Tas 97 C.L.R.] OF AUSTRALIA. [HIGH COURT OF AUSTRALIA] WILLIAMS 3 3 E 5 a A APPELLANT ; DEFENDANT, AND MILOTIN . zs 3 S ¢ 3 3 5 RESPONDENT. PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.

465,

Limitation of Actions—Statutory interpretation—Provision that actions which might H.C. or A.

1957. Ww

Mu.nourne, Oct. 153

formerly have been brought in the form of action called action on the case or which would formerly have been brought in the form of action called trespass on the case should, " save as otherwise provided in this Act" be commenced within six years of accrual of cause of action—Provision in following section that actions for trespass to the person should be commenced within three years of date of accrual—Action for damages for personal injuries sustained by being struck in street by vehicle driven by defendant in negligent manner—Period of limitation applicable—Limitation of Actions Act 1936-1948 (No. 2268 of 1936—No. 45 of 1948) (S.A.), 88. 35, 36.

The Limitation of Actions Act 1936-1948 (S.A.) provides that :—'' 35. The . (e) actions which formerly might have been

following actions name

brought in the form of actions called actions on the cas (k) actions for libel malicious prosecution arrest or seduction and any other actions which would formerly have been brought in the form of actions called trespass on the case: shall, save as otherwise provided in this Act, be commenced within six years next after the cause of such action accrued but not after." "36. All actions for assault trespass to the person menace battery wounding or imprison

ment shall be commenced within three years next after the cause of such action