Williamson v Elders Rural Services Australia Limited (No. 2) [2018] NSWSC 1986

Supreme Court New South Wales

Medium Neutral Citation: Williamson v Elders Rural Services Australia Limited (No. 2) [2018] NSWSC 1986 Hearing dates: 27-29 November 2017 Date of orders: 19 December 2018 Decision date: 19 December 2018 Jurisdiction: Common Law Before: Johnson J Decision: 1. Johnson J gives judgment for the Defendant against the Plaintiff. 2. Unless a written application (not exceeding five pages) is made to Johnson J's Associate by email (and served on the Plaintiff) on or before 15 January 2019 for a different costs order, the Court orders the Plaintiff to pay the Defendant's costs of the proceedings. 3. If the Defendant makes written application for a special costs order, the Plaintiff may furnish a written submission in reply (not exceeding five pages) by email to Johnson J's Associate (and served on the Defendant) on or before 25 January 2019. 4. If application for a special costs order is made by the Defendant, the Court will determine the application on the papers by reference to the written submissions of the parties. Catchwords: TORT – claim of fraudulent representation – claim against real estate agent – allegation that agent falsely represented to buyer the reason why vendor selling property – whether claim statute barred – whether Plaintiff established elements of cause of action – held limitation period expired so claim statute barred – s.55 Limitation Act 1969 not assist Plaintiff – claim failed on merits in any event – verdict for Defendant Legislation Cited: Evidence Act 1995 Limitation Act 1969 Cases Cited: Amalgamated Television Services Pty Limited v Marsden [2002] NSWCA 419 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 CEAL Limited v Minister for Planning and Ors (2007) 159 LGERA 232; [2007] NSWLEC 302 Commercial Union Assurance Company of Australia Limited v Ferrcom Pty Limited (1991) 22 NSWLR 388 Krakowski v Eurolynx Properties Limited (1995) 183 CLR 563; [1995] HCA 68 Lake Macquarie City Council v Australian Native Landscapes Pty Limited [2015] NSWLEC 92 MM Constructions (Aust) Pty Limited and Anor v Port Stephens Council (No. 3) [2010] NSWSC 243 Palmer v Dolman [2005] NSWCA 361 Potts v Miller (1940) 64 CLR 282; [1940] HCA 43 Vu v New South Wales Crime Commission [2013] NSWCA 282 Wardley Australia Limited v State of Western Australia (1992) 175 CLR 514; [1992] HCA 55 Williamson v Elders Rural Services Australia Limited (No. 1) [2017] NSWSC 1644 Williamson v Carneys Lawyers [2015] NSWSC 1080 Williamson v Carneys Lawyers (No. 2) [2015] NSWSC 1175 Williamson v Elders [2016] NSWSC 1505 Williamson v Elders Limited and Ors [2016] NSWSC 450 Texts Cited: --- Category: Principal judgment Parties: Hugh Francis Arthur Williamson (Plaintiff) Elders Rural Services Australia Limited (Defendant) Representation: Counsel: Mr HFA Williamson (Plaintiff in person) Mr DA Robertson (Defendant)