Uttinger v The Trustees of the Hospitaller Order of St John of God Brothers [2008] NSWSC 1354

New South Wales Supreme Court

CITATION : Uttinger v The Trustees of the Hospitaller Order of St John of God Brothers [2008] NSWSC 1354

HEARING DATE(S) : 7 November 2008

JUDGMENT DATE : 16 December 2008

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) The statement of claim against the first and second defendants be dismissed;

(ii) The proceedings be dismissed; DECISION : (iii) The plaintiff pay the defendants' costs of and incidental to the proceedings, as agreed or assessed;

(iv) The parties have liberty to make an application as to any special or different order as to costs on 3 days' notice to the Court or any person so affected. Such application to be made no later than Friday 13 February 2009.

CATCHWORDS : PRACTICE AND PROCEDURE – motion to strike out – no arguable case – deed of release – bar to proceedings – time limit for Contracts Review Act action to set aside deed – no negligence by solicitors then acting – motion granted

Accident Compensation Act 1972 (NZ) LEGISLATION CITED : Contracts Review Act 1994 Roman Catholic Church Trust Property Act 1936 Roman Catholic Church Communities' Lands Act 1942

CATEGORY : Procedural and other rulings

Amaca Pty Ltd v Bernard George Frost [2006] NSWCA 173; (2006) 67 NSWLR 635 CASES CITED : Regie Nationale des Usines Renault SA v Zhang [2002] HCA 10; 210 CLR 491 Trustees of the Roman Catholic Church v Ellis [2007] NSWCA 117; (2007) 70 NSWLR 565

Brian Uttinger (Plaintiff) PARTIES : The Trustees of the Hospitaller Order of St John of God Brothers (First Defendant) Peter Jackson (Second Defendant)