Kovarfi v BMT & Associates Pty Ltd [2012] NSWSC 1101

Kovarfi v BMT & Associates Pty Ltd [2012] NSWSC 1101

The proceedings are statute-barred because the only right asserted by Mrs Kovarfi was assigned more than six years before commencement of proceedings, and no reasonable cause of action is disclosed; further, the assignment of a bare cause of action in tort is ineffective under Australian law.

Parties
Plaintiff: Edith Kovarfi; First Defendant: BMT & Associates Pty Ltd; Second Defendant: Thomas Charles Plenty
Jurisdiction
Australia
Judgment Date
14 September 2012
Procedural Posture
Professional Negligence / Interlocutory Application, Decision on Motion to Dismiss
Outcome
Proceedings dismissed
Legal Topics
Assignment of Choses in Action, Statutory Limitation Periods, Professional Negligence, Pleading Causation, Assignability of Tort Claims
Limitation of Actions Negligence Personal Property Assignment of Choses in Action Statutory Limitation Periods Professional Negligence Pleading Causation Assignability of Tort Claims

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Parties

Edith Kovarfi

Plaintiff

BMT & Associates Pty Ltd

First Defendant

Thomas Charles Plenty

Second Defendant

Procedural Posture

Professional Negligence / Interlocutory Application, Decision on Motion to Dismiss

Legal Issues

  1. 1 Whether the claim is statute-barred under the Limitation Act 1969
  2. 2 Whether the statement of claim discloses a reasonable cause of action, particularly in relation to pleading of causation
  3. 3 Whether a bare right of action in tort is capable of assignment

Ratio Decidendi

The proceedings are statute-barred because the only right asserted by Mrs Kovarfi was assigned more than six years before commencement of proceedings, and no reasonable cause of action is disclosed; further, the assignment of a bare cause of action in tort is ineffective under Australian law.

Court Disposition

Proceedings dismissed

Orders

  • The proceedings be dismissed.
  • The Court will hear the parties as to costs.