NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Jabbar v Gade (pseudonyms) [2018] NSWSC 836 Hearing dates: 30 May 2018 Date of orders: 30 May 2018 Decision date: 30 May 2018 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The notice of motion filed on 15 March 2018 is dismissed. (2) The defendant is to pay the plaintiff's costs of the notice of motion. Catchwords: CIVIL PROCEDURE – application to strike out statement of claim – limitation period – whether statement of claim brought after expiration of limitation period – whether proceedings brought outside of limitation period are statute barred – whether proceedings are an abuse of process because a defence exists – notice of motion dismissed Legislation Cited: Limitation Act 1969 ss 18A, 50A, 50C, 50D, 50F Uniform Civil Procedure Rules r 14.28 Cases Cited: Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256; [2006] HCA 27 Brimson v Rocla Concrete Pipes Ltd [1982] 2 NSWLR 937 General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125; [1964] HCA 69 State of New South Wales v Gillett [2012] NSWCA 83 Zaki v Better Buildings Constructions Pty Ltd [2017] NSWSC 1522 Category: Procedural rulings Parties: Jabbar (a pseudonym) (Plaintiff) Gade (a pseudonym) (Defendant) Representation: Counsel: M Maconachie (Plaintiff) A Bithrey (Defendant)
Solicitors: Stewart & Associates (Plaintiff) NLS Law (Defendant) File Number(s): 2017/203002
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