THE SALVATION ARMY (SOUTH AUSTRALIA PROPERTY TRUST) v Graham RUNDLE [2008] NSWCA 347

New South Wales Court of Appeal

CITATION: THE SALVATION ARMY (SOUTH AUSTRALIA PROPERTY TRUST) v Graham RUNDLE [2008] NSWCA 347 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 8 August 2008

JUDGMENT DATE: 11 December 2008

JUDGMENT OF: McColl JA at 1; Basten JA at 113; Bell JA at 155

DECISION: Dismiss the appeal with costs.

CATCHWORDS: APPEALS – limited grant of leave to appeal – extension of limitation period – whether Court of Appeal should intervene – Supreme Court Act 1970 (NSW) s 75(6) - COSTS – costs in extension of time application – whether costs should follow "the event" – whether application for extension of time was an "event" – Uniform Civil Procedure Rules 2005 (NSW) r 42.1 - LIMITATION OF ACTIONS – limitation period for breach of fiduciary – whether s 36 of the Limitation of Actions Act 1969 (SA) imposes limitation period for breach of fiduciary duty – Limitation of Actions Act 1969 (SA) s 36 - LIMITATION OF ACTIONS – extension of limitation period – whether, having regard to prejudice caused to appellant by delay, justice of case required order extending time – respondent placed under appellant's care in boys' home run by appellant – allegation that appellant breached duty of care by failing to implement system to protect respondent from sexual assaults by other boys and supervisor at home – whether primary judge erred in consideration of prejudice to appellant – absence of evidence due to lapse of 38 years – Limitation of Actions Act 1936 (SA) ss 36, 48 - STATUTORY INTERPRETATION – purposive construction – whether statutory intention to impose limitation period on cause of action for breach of fiduciary duty – Acts Interpretation Act 1915 (SA) s 19 – Limitation of Actions Act 1936 (SA) s 48 - WORDS & PHRASES – "actions" – "damages" – "the event"