NSW Caselaw
New South Wales Supreme Court
CITATION : Gray v O'Donnell [2009] NSWSC 259
HEARING DATE(S) : 27 February 2009
JUDGMENT DATE : 8 April 2009
JURISDICTION : Common Law
JUDGMENT OF : Rothman J
(i) That the judgment of the Local Court given at Sutherland on 8 February 2008 in the matter of Robert Peter Gray & Anor v Scott Thomas O'Donnell & Anor be quashed;
(ii) The proceedings be remitted to the Local Court to be determined in accordance with law;
DECISION : (iii) The defendants, jointly and severally, pay the plaintiffs' costs of these proceedings, as agreed or assessed;
(iv) To the extent otherwise eligible, the defendants be granted an indemnity certificate pursuant to the Suitors' Fund Act 1951;
(v) Liberty to apply be granted to each party on two working days' notice to the Court and other parties for any special or additional order either as to costs or to reflect the reasons for judgment herein.
CATCHWORDS : CONTRACT – loan "payable on demand in writing" – construction of contract from its terms – debt not payable immediately, but only after service of demand – cause of action accrues when demand first occurs – proceedings in time - PRACTICE AND PROCEDURE – time limitation for debt payable on demand runs from date of advance of money – question of construction of contract – "payable on demand in writing" requires service of written demand – time runs from when demand first served – proceedings not time barred
Conveyancing Act 1919 LEGISLATION CITED : Limitation Act 1969 Suitors' Fund Act 1951
CATEGORY : Principal judgment
Agricultural and Rural Finance Pty Limited v Gardiner [2008] HCA 57; (2008) 83 ALJR 196 Benson-Brown v Smith [1999] VSC 208 Currabubula Holdings and Paola Holdings v State Bank of NSW [1999] NSWSC 276 D&J Fowler (Aust) Ltd v Bank of New South Wales [1982] 2 NSWLR 879 CASES CITED : Foley v Hill [1848] 9 ER 1002 Haller v Ayre & Anor [2005] QCA 224; (2005) 2 Qd R 410 Murphy v Lawrence [1960] NZLR 772 Ogilvie v Adams [1981] VR 1041 Re Brown's Estate [1893] 2 Ch 300 Young v Queensland Trustees Ltd [1956] HCA 51; (1956) 99 CLR 560
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