KEMP AND ORS v CRISP AND ANOR; BLAKE AND ORS v CRISP AND ANOR [1992] NSWCA 123

KEMP AND ORS v CRISP AND ANOR; BLAKE AND ORS v CRISP AND ANOR

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY JA 19 October 1992

[1992] NSWCA 123

Mahoney JA I am dealing with two matters; one is Kemp v Crisp and the other is Blake v Crisp. In each of the matters, as I understand the facts, leave to appeal has been granted in respect of a decision given by Mathews J in pending proceedings, and an appeal to this Court is pending in respect of each of them.

The appeals arise in relation to a question which has been separately argued and determined by her Honour. That question relates to the operation of the limitation law. The events here in question occurred in or about 1978. The proceedings were commenced subsequently, and as a defence to the proceedings a claim was made that the Limitation Act had operated.

Her Honour held, and I state the matter in the most general of terms, that the limitation period did not commence to run until a date substantially after 1978. Her Honour reviewed the law in relation to limitation and arrived at a decision which, it is submitted for the applicants, is not in accord with what had previously been understood to be the law as to the date on which a period of limitation commences to run in a case such as this.

The application made is for expedition of the hearing of each of the appeals. Ordinarily the court would, I think, be loathe to grant expedition in cases of this kind. The issue to be determined is an issue extracted from the two individual cases. The determination of it in those cases will not necessarily determine all of the other cases. It may be that, notwithstanding the decision of the court on appeal in the present cases, issues of fact will have to be determined in the other cases which will render inapplicable the limitation law as it will be enunciated by this Court.