WINNOTE PTY LTD & Anor v PAGE & Ors [2006] NSWCA 287

New South Wales Court of Appeal

CITATION: WINNOTE PTY LTD & Anor v PAGE & Ors [2006] NSWCA 287 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 25/07/06, 26/07/06, 27/07/06, 28/07/06, 31/07/06

JUDGMENT DATE: 31 October 2006

JUDGMENT OF: Mason P at 1; Tobias JA at 340; Basten JA at 341

DECISION: 1. Appeal dismissed; 2. Respondents' costs to be paid by the appellants Mr Roach and Winnote Pty Ltd; 3. Cross appeal dismissed with no order as to costs; 4. Liberty to apply within 7 days as regards the costs of the cross-appeal. If that liberty is exercised, the moving party or parties should, within a further 14 days, file and serve written submissions in support of the proposed orders and the other party or parties should file and serve submissions in response within a further 14 days.

CATCHWORDS: LIMITATION OF ACTIONS––Professional negligence––When time begins to run–Acquisition of lease from landholder to mine peat when mining lease required from Crown––Wasted expenditure in acquiring lease from landholder––Not discovered until five years later––Proceedings not commenced until seven years later––Damage accrues at time of lease from lessor––Limitation Act 1969 (NSW), s 14. - CONTRACTS––Breach––Retainer––Solicitor's negligent advice––Misfeasance––No continuing duty to give correct advice––Breach final and complete when negligent advice given.

Limitation Act 1969 (NSW), s 14 Mineral Resources Development Act 1990 (Vic), s 42 LEGISLATION CITED: Mines Act 1958 (Vic), ss 25, 35, 291, 304, 306, 514 Soil Conservation and Land Utilisation Act 1958 (Vic), s 17A Trade Practices Act 1974 (Cth)