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Supreme Court dismisses appeal from Court of Appeal, and determines that an action for alleged negligence in the laying of foundations was not statute-barred, on the grounds that the cracks in the house became manifest in December 2005 and the summons was issued in November 2010 within the six-year limitation period, and that the date of accrual of a cause of action in property damage claims was the date of manifestation of damage, which meant it ran "from the time that the damage was capable of being discovered and capable of being proved by the plaintiff".
McKechnie J (nem diss): Action for property damage founded in tort of negligence - limitation period - whether test of discoverability applied - accrual of cause of action - possible dates for clock to start running: date of wrongful act; date that damage occurred; date that damage was manifest; date of discoverability; date of actual discovery - damage to houses allegedly caused by use of wrong type of stone in foundations - section 11(2)(a) of the Statute of Limitations 1957 - foundations complete in March 2004 - certified in September 2004 - houses complete between September 2004 and Feb 2005 - cracks appeared in Dec 2005 - plenary summons issued in November 2010 - claim dismissed in High Court - appeal allowed in Court of Appeal - matters of general public importance certified for determination by Supreme Court - case law on accrual of causes of action - distinction between damage occurring and being manifest.
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