Sharma v Defence Housing Australia [2022] NSWSC 1444

Supreme Court New South Wales

Medium Neutral Citation: Sharma v Defence Housing Australia [2022] NSWSC 1444 Hearing dates: 19 October 2022 Decision date: 24 October 2022 Jurisdiction: Equity Before: Peden J Decision: (1) Paragraphs 5, 6, 7, 29, 30 and 31 of the Statement of Claim are struck out. (2) The plaintiff has leave to file an Amended Statement of Claim in compliance with this judgment by 18 November 2022. (3) Plaintiff to pay the defendant's costs of the motion as agreed or assessed. (4) Liberty to apply on three days' notice. Catchwords: CIVIL PROCEDURE — Pleadings — Striking out — No reasonable cause of action or defence — Where parts of the plaintiff's claim in misleading and deceptive conduct are barred by a settlement agreement — Where plaintiff's claim out of time Legislation Cited: Australian Consumer Law s 18 Civil Procedure Act 2005 (NSW) ss 56-60 Uniform Civil Procedure Rules 2005 (NSW) r 14.28 Cases Cited: General Steel Industries Incorporated v Commissioner for Railways (NSW) (1964) 112 CLR 125 Murphy v Overton Investments Pty Ltd (2004) 216 CLR 388 Saridas v Papuan Oil Search Ltd [2022] NSWSC 825 Seidler v Carrol & O'Dea [2013] NSWSC 338 Sellars v Adelaide Petroleum NL (1994) 179 CLR 332 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 Texts Cited: Peter Handford, "Limitation of Actions: Laws of Australia" (2nd ed, Lawbook Co, 2007) Category: Procedural rulings Parties: Sudesh Sharma (Plaintiff/Respondent) Defence Housing Australia (Defendant/Applicant) Representation: Counsel: S Sharma (Plaintiff, in person) J Jaffray (Defendant)