Joey Constructions Pty Ltd v IT Environmental (Australia) Pty Ltd [2018] FCA 534

Joey Constructions Pty Ltd v IT Environmental (Australia) Pty Ltd [2018] FCA 534

It is neither possible nor appropriate to determine the limitation (statute-barred) issue by way of the proposed separate questions on the facts as pleaded alone, because the nature and timing of the loss or damage alleged are unclear and require evidence; consequently, the interlocutory application for determination of separate questions must be dismissed.

Jurisdiction
Australia
Judgment Date
20 April 2018
Procedural Posture
Interlocutory Application / Determination of Interlocutory Application for Hearing of Separate Questions Prior to Trial
Outcome
Interlocutory application dismissed.
Legal Topics
['separate Questions' 'statute of Limitations' 'negligent Misstatement' 'misleading and Deceptive Conduct' 'latent Defects']
['practice and Procedure' 'negligence' 'trade Practices' 'consumer Protection'] ['separate Questions' 'statute of Limitations' 'negligent Misstatement' 'misleading and Deceptive Conduct' 'latent Defects']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Determination of Interlocutory Application for Hearing of Separate Questions Prior to Trial

Legal Issues

  1. 1 ['Whether the limitation issue (i.e., whether the proceeding is statute-barred) can be determined by way of separate questions on the pleadings alone' 'When the causes of action for negligence and misleading and deceptive conduct accrued' 'Whether facts pleaded are sufficient to answer limitation questions without evidence']

Ratio Decidendi

It is neither possible nor appropriate to determine the limitation (statute-barred) issue by way of the proposed separate questions on the facts as pleaded alone, because the nature and timing of the loss or damage alleged are unclear and require evidence; consequently, the interlocutory application for determination of separate questions must be dismissed.

Court Disposition

Interlocutory application dismissed.

Orders

  • ['The interlocutory application filed on 30 September 2016 be dismissed.' "The costs of and associated with the interlocutory application filed on 30 September 2016 be the applicant's costs in the cause."]