Sharma v Defence Housing Australia [2022] NSWSC 1444

Sharma v Defence Housing Australia [2022] NSWSC 1444

The paragraphs of the Statement of Claim in question are struck out as Mr Sharma's misleading and deceptive conduct claim is barred by the 2015 settlement agreement, is statute-barred under s 236(2) of the ACL, and the remedy claimed is not available as a matter of law.

Jurisdiction
Australia
Judgment Date
24 October 2022
Procedural Posture
Civil / Interlocutory Application to Strike Out Parts of Statement of Claim
Outcome
Parts of the Statement of Claim struck out; leave granted to amend; costs to defendant; liberty to apply.
Legal Topics
['pleadings' 'striking Out' 'misleading and Deceptive Conduct' 'settlement Agreement' 'statute of Limitations']
['civil Procedure' 'equity'] ['pleadings' 'striking Out' 'misleading and Deceptive Conduct' 'settlement Agreement' 'statute of Limitations']

Case Brief

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Procedural Posture

Civil / Interlocutory Application to Strike Out Parts of Statement of Claim

Legal Issues

  1. 1 ["Whether parts of the plaintiff's claim should be struck out as disclosing no reasonable cause of action under the Australian Consumer Law" "Whether the plaintiff's claim is barred by a prior settlement agreement" 'Whether the claim is statute-barred' 'Whether the relief claimed is available at law']

Ratio Decidendi

The paragraphs of the Statement of Claim in question are struck out as Mr Sharma's misleading and deceptive conduct claim is barred by the 2015 settlement agreement, is statute-barred under s 236(2) of the ACL, and the remedy claimed is not available as a matter of law.

Court Disposition

Parts of the Statement of Claim struck out; leave granted to amend; costs to defendant; liberty to apply.

Orders

  • ['Paragraphs 5, 6, 7, 29, 30 and 31 of the Statement of Claim are struck out.' 'The plaintiff has leave to file an Amended Statement of Claim in compliance with this judgment by 18 November 2022.' "Plaintiff to pay the defendant's costs of the motion as agreed or assessed." "Liberty to apply on three days' notice."]