NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Bernley Corporation Pty Ltd v AFR Group Pty Ltd t/as Anytime Fitness Randwick [2019] NSWDC 315 Hearing dates: 26 – 27 June 2019 Date of orders: 11 July 2019 Decision date: 11 July 2019 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 95 Catchwords: CONTRACT – money lent – whether payments by debtor to creditor a repayment of advances, loan(s) or dividend payments.
LIMITATION OF ACTIONS – when cause of action accrued – when advance repayable – whether acknowledgement of cause of action – s 54 of Limitation Act 1969 (NSW).
EVIDENCE – rule in Jones v Dunkel – evidentiary onus. Legislation Cited: Limitation Act 1969 (NSW) Mental Health Act 2007 (NSW) Cases Cited: Apollo Shower Screens Pty Ltd v Building and Construction Industry Long Service Leave Payments Corp (1985) 1 NSWLR 561 Central City v Montevento Holdings Pty Ltd [2011] WASCA 5 GoConnect Ltd v Sino Strategic International Ltd (in liq) [2016] VSCA 315 Head v Kelk [1962] NSWR 1363 Ogilive v Adams [1981] VR 1041 Papas v Co [2018] NSWSC 1404 Stage Club Ltd v Millers Hotels Pty Ltd (1981) 150 CLR 535 Strong v Woolworths Ltd (2012) 246 CLR 182 Universal Greening Pty Ltd v Sabine (1999) 17 ACLC 880 Category: Principal judgment Parties: Bernley Corporation Pty Ltd (First Plaintiff) Mr Turner (Second Plaintiff) AFR Group Pty Ltd (Defendant) Representation: Counsel: Mr A Di Francesco (Plaintiff) Mr D Parish (Defendant)
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