Hugh Francis Arthur Williamson v Elders Limited and Ors [2016] NSWSC 450

Hugh Francis Arthur Williamson v Elders Limited and Ors [2016] NSWSC 450

The proposed Trade Practices Act claim was statute barred because, on the pleaded case, any loss was suffered when the plaintiff exchanged contracts to purchase Reevesdale at more than its true value, and s 52 of the Limitation Act 1969 (NSW) could not suspend the limitation period fixed by s 82(2) of the Trade Practices Act 1974 (Cth). The Court was not prepared at the interlocutory stage to find the fraud claim statute barred because s 52 of the Limitation Act 1969 (NSW) might apply, but the proposed amended pleading as a whole was ambiguous, vague and internally contradictory and did not state with sufficient clarity the case the second defendant had to meet. Leave to file that...

Jurisdiction
Australia
Judgment Date
22 April 2016
Procedural Posture
Practice and Procedure Pleadings Application for Leave to Amend Statement of Claim / Notice of Motion for Leave to File an Amended Statement of Claim
Outcome
Leave to file the proposed amended statement of claim refused; leave granted to file an amended statement of claim by 3 June 2016; plaintiff ordered to pay the second defendant's costs of the motion as agreed or assessed.
Legal Topics
['amendment of Pleadings' 'misleading or Deceptive Conduct' 'fraud or Deceit' 'statute Barred Claims' 'embarrassing Pleadings']
['civil Procedure' 'limitation of Actions' 'consumer Law' 'tort'] ['amendment of Pleadings' 'misleading or Deceptive Conduct' 'fraud or Deceit' 'statute Barred Claims' 'embarrassing Pleadings']

Case Brief

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Procedural Posture

Practice and Procedure Pleadings Application for Leave to Amend Statement of Claim / Notice of Motion for Leave to File an Amended Statement of Claim

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to file the proposed amended statement of claim.' 'Whether the proposed claim for misleading or deceptive conduct under s 52 of the Trade Practices Act 1974 (Cth) was statute barred by s 82(2) of that Act.' 'Whether the proposed fraud or deceit claim was statute barred under s 14(1)(b) of the Limitation Act 1969 (NSW), having regard to the possible operation of s 52 of that Act.' 'Whether the proposed amended pleading disclosed a reasonable cause of action and was not embarrassing, ambiguous, vague or internally contradictory.']

Ratio Decidendi

The proposed Trade Practices Act claim was statute barred because, on the pleaded case, any loss was suffered when the plaintiff exchanged contracts to purchase Reevesdale at more than its true value, and s 52 of the Limitation Act 1969 (NSW) could not suspend the limitation period fixed by s 82(2) of the Trade Practices Act 1974 (Cth). The Court was not prepared at the interlocutory stage to find the fraud claim statute barred because s 52 of the Limitation Act 1969 (NSW) might apply, but the proposed amended pleading as a whole was ambiguous, vague and internally contradictory and did not state with sufficient clarity the case the second defendant had to meet. Leave to file that...

Court Disposition

Leave to file the proposed amended statement of claim refused; leave granted to file an amended statement of claim by 3 June 2016; plaintiff ordered to pay the second defendant's costs of the motion as agreed or assessed.

Orders

  • ['Plaintiff is refused leave to file the proposed amended statement of claim.' 'Leave is granted to the plaintiff to file an amended statement of claim by 3 June 2016.' "Plaintiff is to pay the second defendant's costs of the motion as agreed or assessed."]