Amaca Pty Ltd v Ridgway [2005] NSWCA 417

New South Wales Court of Appeal

Amaca Pty Ltd v Ridgway [2005] NSWCA 417 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 07/11/05

JUDGMENT DATE: 16 December 2005

JUDGMENT OF: Giles JA at 1; Santow JA at 2; Brownie AJA at 3

DECISION: Appeal upheld. Judgment and orders of the Dust Diseases Tribunal set aside. Matter be remitted to the Tribunal for re-hearing. Respondent to pay Appellant's costs of the appeal, but should have a certificate under the Suitors' Fund Act 1951.

CATCHWORDS: Limitation of Actions - whether a failure to comply with s48(4) of the Limitation of Actions Act 1936 of South Australia operates to extinguish a cause of action. - Appeal - error of law - irreconciliable findings of fact, not explained.

Limitation of Actions Act 1936 of South Australia LEGISLATION CITED: Dust Diseases Tribunal Act 1989 Suitors' Fund Act 1951

Beale v Government Insurance Office of NSW (1997) 48 NSWLR 206 Sinha v Health Care Complaints Commission [2001] NSWCA 206 Mahon v Air New Zealand Ltd [1984] 1 AC 808 Amaca Pty Ltd v New South Wales [2003] HCA 44, 119 ALR 596 Robinson v Craven (1994) Aust Torts Reps 81-315 CASES CITED: Australian Securities Commission v Marlborough Gold Mines Ltd [1993] 15, 67 ALJR 517 Chapman v Luminis Pty Ltd [1998] FCA 1084 Reid v Agco Australia Ltd [2000] VSC 363 Woolworths (SA) Pty Ltd v Cauchi [2001] SASC 48 Van Den Heuval v Tucker [2002] SASC 361 Suter v Development Assessment Commission [2003] SAERDC 47