Mark Eade (led by EJ Goodwin KC) appeared for the successful defendant, instructed by Lander & Rogers.
The case concerned a written statement of advice provided by the respondent financial services business. The plaintiffs’ claimed to have suffered loss by reason of this allegedly negligent advice, and that the respondent contravened ss 945A and 945B of the Corporations Act 2001 (Cth).
The central issue was whether the plaintiffs’ claims in both negligence, and for contravention of ss 945A and 945B were statute barred. The Court found the plaintiffs’ claims were statute barred because there was demonstrable actual damage suffered before the six-year limitation period. As the limitation period expired before the proceedings commenced, the claims were dismissed.
The judgment can be read by clicking here
