Batterham v Clayton Utz Partnership [2022] FCA 1435

Batterham v Clayton Utz Partnership [2022] FCA 1435

All discernible causes of action accrued more than six years before the proceedings; all claims are statute-barred; thus, there is no sufficient doubt in the primary judgment to warrant leave to appeal.

Jurisdiction
Australia
Judgment Date
30 November 2022
Procedural Posture
Application for Leave to Appeal / Decision on Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'summary Dismissal' 'statute of Limitations' 'misleading or Deceptive Conduct' 'unconscionable Conduct' 'damages' 'bankruptcy' 'res Judicata' 'issue Estoppel']
['practice and Procedure' 'commercial Law' 'consumer Law' 'corporations Law'] ['leave to Appeal' 'summary Dismissal' 'statute of Limitations' 'misleading or Deceptive Conduct' 'unconscionable Conduct' 'damages' 'bankruptcy' 'res Judicata' 'issue Estoppel']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Decision on Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the claims against the respondents were statute-barred' 'Whether there was sufficient doubt about the primary judge’s judgment to warrant leave to appeal']

Ratio Decidendi

All discernible causes of action accrued more than six years before the proceedings; all claims are statute-barred; thus, there is no sufficient doubt in the primary judgment to warrant leave to appeal.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed with costs.']