The NSW Court of Appeal handed down an important judgment last
week in relation to the time to commence proceedings for damages
arising from building defects. The judgment clarifies previous case
law on the point and serves as a reminder to investigate the extent
of building defects and identify all of the parties potentially
responsible for the defects as early as possible after defects are
noticed.
Limitation Act 1969 (NSW)
The time for commencing proceedings in any matter is limited
under various pieces of legislation. The limitation period for
taking action on any particular claim ranges from as little as 21
days and up to 12 years, depending on the nature of the claim.
Pursuant to the Limitation Act, proceedings for breach of
contract or negligence must be commenced within six years
'running from the date on which the cause of action first
accrues'.1
