Jabbar v Gade (pseudonyms) [2018] NSWSC 836

Jabbar v Gade (pseudonyms) [2018] NSWSC 836

The defendant failed to demonstrate that the impugned aspects of the plaintiff's claim are manifestly groundless or an abuse of process; the limitation defence should be determined at final hearing, as the current evidence does not justify summary dismissal or striking out under r 14.28.

Jurisdiction
Australia
Judgment Date
30 May 2018
Procedural Posture
Application to Strike Out Statement of Claim / Interlocutory – Notice of Motion to Strike Out
Outcome
Notice of motion dismissed; costs awarded to plaintiff.
Legal Topics
['limitation Period' 'application to Strike Out' 'abuse of Process']
['civil Procedure'] ['limitation Period' 'application to Strike Out' 'abuse of Process']

Case Brief

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Procedural Posture

Application to Strike Out Statement of Claim / Interlocutory – Notice of Motion to Strike Out

Legal Issues

  1. 1 ['Whether the statement of claim is brought after expiration of limitation period' 'Whether proceedings are statute barred' 'Whether proceedings are an abuse of process']

Ratio Decidendi

The defendant failed to demonstrate that the impugned aspects of the plaintiff's claim are manifestly groundless or an abuse of process; the limitation defence should be determined at final hearing, as the current evidence does not justify summary dismissal or striking out under r 14.28.

Court Disposition

Notice of motion dismissed; costs awarded to plaintiff.

Orders

  • ['The notice of motion filed on 15 March 2018 is dismissed.' "The defendant is to pay the plaintiff's costs of the notice of motion."]