Rumble v Telstra Corporation Limited [2012] FCA 1006

Rumble v Telstra Corporation Limited [2012] FCA 1006

The claims by the applicant against Mr Poat, and the claims for damages for breach of warranty in the cross-claim by Telstra and Sensis against Mr Poat, are out of time as they were brought more than six years after the relevant events. These parts of the proceedings should be struck out. The cross-claim for contractual indemnity based on potential future liability is not out of time and may proceed.

Jurisdiction
Australia
Judgment Date
07 September 2012
Procedural Posture
Civil / Interlocutory Application; Strike Out and Limitation Period Determination
Outcome
Applicant's claim against Mr Poat and parts of cross-claim against Mr Poat struck out as out of time; leave to amend remaining pleadings; no costs order as between applicant and Mr Poat; costs in the proceeding as between Mr Poat and Telstra/Sensis on interlocutory application.
Legal Topics
['passing Off' 'misleading and Deceptive Conduct' 'limitation of Actions' 'strike Out Applications' 'contractual Indemnity' 'breach of Warranty']
['torts' 'contracts' 'civil Procedure'] ['passing Off' 'misleading and Deceptive Conduct' 'limitation of Actions' 'strike Out Applications' 'contractual Indemnity' 'breach of Warranty']

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

Civil / Interlocutory Application; Strike Out and Limitation Period Determination

Legal Issues

  1. 1 ['Whether the claims against Mr Poat are out of time under the relevant limitation period' 'Whether the cross-claim for damages for breach of warranty by Telstra and Sensis against Mr Poat is out of time' 'Whether the cross-claim for contractual indemnity against Mr Poat may be maintained']

Ratio Decidendi

The claims by the applicant against Mr Poat, and the claims for damages for breach of warranty in the cross-claim by Telstra and Sensis against Mr Poat, are out of time as they were brought more than six years after the relevant events. These parts of the proceedings should be struck out. The cross-claim for contractual indemnity based on potential future liability is not out of time and may proceed.

Court Disposition

Applicant's claim against Mr Poat and parts of cross-claim against Mr Poat struck out as out of time; leave to amend remaining pleadings; no costs order as between applicant and Mr Poat; costs in the proceeding as between Mr Poat and Telstra/Sensis on interlocutory application.

Orders

  • ['Paragraphs in the Amended Originating Application and Statement of Claim against Mr Poat struck out.' 'Proceeding as between the applicant and Mr Poat dismissed.' 'No order as to costs between applicant and Mr Poat.' 'Applicant to amend pleadings to confine to claims against Telstra and Sensis by 21 September...