NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Kovarfi v BMT & Associates Pty Ltd (No 3) [2017] NSWSC 710 Hearing dates: 31 May 2017 Date of orders: 31 May 2017 Decision date: 31 May 2017 Jurisdiction: Equity Before: Parker J Decision: Proceedings dismissed Catchwords: Limitation of actions – suspension of limitation period – "cause of action based on fraud" – fraudulent concealment – determination in absence of defence and reply pleadings Civil Procedure - abuse of process – relitigation of issues decided in previous proceedings – summary disposal – stay of proceedings pending payment of costs Legislation Cited: Bankruptcy Act 1966 (Cth), s 129AA Limitation Act 1969 (NSW), s 55 Uniform Civil Procedure Rules 2005 (NSW), rr 12.10, 14.28, 15.3 Cases Cited: CGU Insurance Ltd v Watson [2007] NSWCA 301 In the matter of BMT & Associates Pty Ltd [2014] NSWSC 1082 In the matter of Kata-Lyn Pty Ltd [2014] NSWSC 1246 Kovarfi v BMT & Associates Pty Ltd [2012] NSWSC 1101 Kovarfi v BMT & Associates Pty Ltd (No 2) [2014] NSWSC 100 Category: Procedural and other rulings Parties: Edith Etelka Kovarfi (Plaintiff) BMT & Associates Pty Ltd (1st Defendant) Thomas Charles Plenty (2nd Defendant) Representation: Plaintiff in person
Counsel: R May (Defendants)
Solicitors: Yeldham Price O'Brien Lusk (Defendants) File Number(s): 2016/268695 Publication restriction: Nil
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