Ryan Wealth Holdings Pty Ltd v L & V Tomkins Pty Ltd [2015] NSWSC 533

Supreme Court New South Wales

Medium Neutral Citation: Ryan Wealth Holdings Pty Ltd v L & V Tomkins Pty Ltd [2015] NSWSC 533 Hearing dates: 10 April 2015 Date of orders: 04 May 2015 Decision date: 04 May 2015 Jurisdiction: Equity Division Before: Slattery J Decision: Claim not struck out. Leave to re-plead given. Motions otherwise dismissed. Catchwords: CIVIL PROCEDURE – strike out application under Uniform Civil Procedure Rules, r 13.4 – plaintiff made advances to corporate defendant in May 2006 pursuant to a written loan agreement – advances recorded in June 2008 agreement – proceedings for recovery of loan monies commenced in June 2014 – whether claim time barred by Limitation Act, s 14 – plaintiff loaned money pursuant to advice from now bankrupt financial advisor – evidence suggests not all loan documentation presently available –arguable that repayment arrangements may have been agreed outside the two written forms of agreement – arguable that that loan executed as a deed. Legislation Cited: Limitation Act 1969, ss 14, 16 Uniform Civil Procedure Rules 2005, rr 13.4, 28.2 Cases Cited: Dey v Victorian Railways Commissioners (1949) 177 CLR 598 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Gillies v Eastlake [2014] NSWSC 611 Hillebrand v Penrith Council [2000] NSWSC 1058 Ogilvie v Adams [1981] VR 1041 Spencer v The Commonwealth (2010) 241 CLR 118 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 Webster v Lampard (1993) 177 CLR 598 Category: Consequential orders (other than Costs) Parties: Plaintiff: Ryan Wealth Holdings Pty Ltd ACN 118272076 First Defendant: L & V Tomkins Pty Ltd ACN 000322467 Representation: Counsel: Plaintiff/Respondent: G. Carolan First & Second Defendant/Applicant: P. Walsh Third & Fourth Defendant/Applicant: A. Ogborne