Hutchinson v Equititour: When Did Time Begin?

Hutchinson & Anor v Equititour Pty Limited & Ors [2010] 104

Introduction

In this case, the Queensland Court of Appeal considered when time begins to run and the calculation of limitation periods for negligent and fraudulent misrepresentations together with statutory misleading and deceptive conduct. The trial judge having found the claim was statute barred.

Primary decision

The plaintiffs alleged they had been induced to purchase three holiday units in a resort development by misrepresentations made by and on behalf of the developer in the company which was to operate the resort. The proceedings were commenced approximately nine years after the alleged misrepresentations were made and more than eight years after the purchase contracts were settled. The plaintiffs / appellants argued the proceeding were not statute barred because its loss was a contingent one which did not crystallise (and the limitation period did not start to run) until, contrary to