Morris v Trodden [2015] NSWSC 705

Supreme Court New South Wales

Medium Neutral Citation: Morris v Trodden [2015] NSWSC 705 Hearing dates: 25 May 2015 Decision date: 05 June 2015 Jurisdiction: Common Law Before: Hall J Decision: (1) The Notice of Motion in relation to the orders sought in paragraphs (1) and (2) is dismissed. (2) Leave is granted to the plaintiff to file an Amended Statement of Claim within 28 days of the date of these orders. (3) Reserve the question of costs. (4) Grant liberty to either party to make application in respect of the costs of the application. Catchwords: PROCEDURE – Summary dismissal of Statement of Claim – Professional negligence– Civil – Application for summary dismissal of Statement of Claim by defendant/solicitor on the basis that limitation period had expired – Additionally, application made for striking out of Statement of Claim due to embarrassing or defective pleadings – plaintiff claimed damages on the basis of pleaded causes of action in tort, breach of contract and misleading and deceptive conduct arising from failure to register a transfer of title into the joint names of her former husband and herself as joint tenants – Whether causes of action statute barred by s 14(1) Limitation Act 1969 – Dispute as to when the cause of action accrued – Plaintiff had arguable case that proceedings were brought in time – summary determination of the limitation issue is not appropriate – Undesirable for the limitation issue to be dealt with on an application for summary dismissal – Plaintiff conceded that defects existed in the pleadings – Leave granted to the plaintiff to amend defects in Statement of Claim – Application dismissed Legislation Cited: Australian Consumer Law Civil Procedure Act 2002 Competition and Consumer Act 2010 Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 Limitation Act 1969 Trade Practices Act 1974 Cases Cited: Crisp v Blake [1992] ATR 81-158 Dey v Victoria Railways Commissioners [1949] HCA 1; (1949) 78 CLR 62 Di Sante v Camando Nominees Pty Ltd [2000] VSC 211 Doundoulakis v Antony Sdrinis & Co (1989) VR 781 Forster v Outred & Co [1982] 1 WLR 86 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Gillespie v Elliott (1987) 2 Qd R 509 Grazo v Liverpool/Campbelltown Christian School Ltd [2011] NSWSC 292 Hawkins v Clayton (1988) 164 CLR 539 Issa v Issa [2015] NSWSC 112 Melisavon Pty Ltd v Springfield Land Development Corporation Pty Ltd [2014] QCA 233 Pollock v Hicks [2015] NSWCA 122 Scarcella v Lettice (2000) 51 NSWLR 302 Spar Licensing Pty Ltd v MIS Qld Pty Ltd [2014] FCAFC 50; (2014) 314 ALR 35 Taluja v Orford [2014] NSWSC 714 Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514 Webster v Lampard [1993] Aust Torts Rep 81-236; (1993) 177 CLR 598 Winnote Pty Ltd v Page [2006] NSWCA 287; (2006) 68 NSWLR 531 Category: Procedural and other rulings Parties: Karen Morris (Plaintiff) David Trodden trading as David Trodden & Associates Solicitors (Defendant) Representation: Counsel: DC Eardley (Plaintff) AP Cheshire (Defendant)