Cases - Labalmondiere v Addison

Record details

Name

Labalmondiere v Addison

Date

[1858]

Citation

120 ER 823

Legislation

Metropolitan Building Act 1855

Keywords

Party walls - disputes - Metropolitan Building Act 1855 - Summary Jurisdiction Act 1848

Summary

A commissioner under the Metropolitan Building Act 1855 sought to recover the costs of taking down a dangerous structure after the owner had refused to do so.

The Magistrates' Court found that the 6-month time limit to bring proceedings under the Summary Jurisdiction Act 1848, then in force, had started to run from the date that works were completed, and not from the date of the first demand. The commissioner's claim was therefore statute barred, and the complaint was dismissed. The commissioner appealed.

The High Court held that the 6-month time limit ran from the date of the first demand for payment, and not the date that the costs of pulling down the dangerous structure were incurred.