A third party moved for summary judgment dismissing a contribution and indemnity claim on the basis that it was statute‑barred under the Limitations Act, 2002.
The defendant argued the claim was only discoverable when an invoice revealed that it had supplied the oil tank involved in the loss.
The court held that s. 18 of the Limitations Act deems the claim for contribution and indemnity to arise when the defendant was served with the statement of claim, triggering a two‑year limitation period.
The defendant knew or ought to have known the identity of its tank supplier at that time and failed to exercise due diligence.
The third party claim was therefore commenced outside the limitation period and was dismissed on summary judgment.
