NSW Caselaw
New South Wales Supreme Court
CITATION : Blazai Pty Ltd & Ors v John Palasty& 1 Or [2009] NSWSC 50
HEARING DATE(S) : 8 and 9 December 2008
JUDGMENT DATE : 17 February 2009
JURISDICTION : Professional Negligence List
JUDGMENT OF : Smart AJ at 1
DECISION : See paras 35, 68-69. 121-123
CATCHWORDS : Application for security of costs by Mr Palasty refused - stifling of proceedings - ground of Mr Palasty causing plaintiff's impecuniosity not established - dispute as to causes of action. - Fair Trading Act 1987, time limitation results in claim under that Act not being maintainable against Mrs Palasty - Limitation Act 1969 results in action for deceit not being maintainable against Mrs Palasty - Effect of Statutory provisions in circumstances of this case - Claims struck out
Fair Trading Act 1987 LEGISLATION CITED : Fair Trading Amendment Act 2003 Limitation Act 1969
CATEGORY : Principal judgment
Fat-Sel Pty Ltd v Brambles Holdings Ltd (1985) ATPR40-544 CASES CITED : Hamilton v Kaljo & Ors (1987) 17 NSWLR 381 Plasdale Pty Ltd v Concrete Constructions 131 ALR 268 Pioneer Park Pty Ltd (In Liq) & Ors v ANZ Banking Group Ltd [2007] NSWCA 334, 65 ACSR 383 AT [50]
PARTIES : Blazai Pty Ltd v Maley & 3 Ors Trading As Maclarens Solicitors and Attorneys v John Palasty & 1 Or
FILE NUMBER(S) : SC 10646/08
COUNSEL : I Raine (P) C Birch SC & N Allan (D5 & 6)
SOLICITORS : A R Martin (P) Ziman & Ziman (D5 & 6)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROFESSIONAL NEGLIGENCE LIST
SMART AJ
Tuesday, 17 February 2009
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