Elias David Perez v Instant Access Australia Pty Limited [2007] NSWDC 182

New South Wales District Court

CITATION: Elias David Perez v Instant Access Australia Pty Limited [2007] NSWDC 182

HEARING DATE(S): 06/09/2007

JUDGMENT DATE: 6 September 2007

EX TEMPORE JUDGMENT DATE : 6 September 2007

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

DECISION: (1) First defendant granted leave to withdraw paragraph 1.2 of the first defendant's Notice of Motion; (2) Second defendant granted leave to withdraw paragraph 1 of the second defendant's Notice of Motion and add a claim for relief under s.60C Limitation Act 1969; (3) The defendants' application for these proceedings to be dismissed pursuant to r.13.4 Uniform Civil Procedure Rules is stood over generally with liberty to apply; (4) Defendants' application to dismiss or strike out the Statement of Claim is dismissed; (5) Defendants are to pay the plaintiff's costs in relation to the ss.50C and 50D Limitation Act 1969 application; (6) Costs of the r.13.4 argument reserved; (7) Exhibits retained for 28 days; (8) The plaintiff is granted leave to file a Notice of Motion for consolidation in the registry; (9) This matter is returnable before Judicial Registrar McDonald on 20 September 2007 for further orders in relation to the r.13.4 relief sought in the Notice of Motion and these proceedings generally; (10) Proceedings in file number 12 of 2007 are to be listed before Judicial Registrar McDonald on the same date; (11) Plaintiff is to notify Gillis Delaney of these dates.

CATCHWORDS: Limitations - date of discoverability

Civil Procedure Act 2005 (NSW), s 61 LEGISLATION CITED: Limitation Act 1969 (NSW), ss 50C, 50D Uniform Civil Procedure Rules 2005 (NSW), r 13.4