Application of limitation period by analogy to a claim in equity: case of Agricultural Land Management Ltd v Jackson [No. 2] [2014] WASC 102

On 28 March 2014, Edelman J delivered judgment in the case of Agricultural Land Management Ltd v Jackson [No. 2] [2014] WASC 102.

In Agricultural Land Management, Edelman J considered, amongst other issues, whether the six year limitation period in section 1317K of the Corporations Act should be applied by analogy to an equitable claim for breach of fiduciary duty.

In paragraph 212 of the judgment, Edelman J states:

"There is one qualification, binding upon me, to the principle concerning the application of a statute by analogy. This qualification is that equity will not apply a limitation period by analogy where there are circumstances which make the application of the statute unconscionable. Counsel for Agricultural did not make any submission, nor lead any evidence, that there were...