Khoury v Coffey Projects (Australia) Pty Ltd [2015] NSWSC 591

The plaintiff's cause of action accrued no later than 30 November 2008, when the money was not repaid, so proceedings commenced after 30 November 2014 are statute barred and must be dismissed.

Jurisdiction: Australia
Judgment Date: 12 June 2015
Procedural Posture: Principal Judgment / Interlocutory Motions; Determination of Amendment and Strike Out Applications
Outcome: Plaintiff's application for leave to amend denied; statement of claim struck out as against the first defendant; proceedings dismissed as against the first defendant with costs.
Legal Topics: ['statute of Limitations' 'misleading Representations' 'date of Cause of Action Accrual' 'trade Practices Act Claims']

['limitation of Actions' 'equity' 'misleading Conduct'] ['statute of Limitations' 'misleading Representations' 'date of Cause of Action Accrual' 'trade Practices Act Claims']

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

Procedural Posture

Principal Judgment / Interlocutory Motions; Determination of Amendment and Strike Out Applications

Legal Issues

1 ['When did the cause of action accrue for purposes of limitation?' 'Is the claim statute barred under the Limitations Act 1969 (NSW) and Trade Practices Act 1974 (Cth)?' 'Should leave to amend the statement of claim be granted?']

Ratio Decidendi

The plaintiff's cause of action accrued no later than 30 November 2008, when the money was not repaid, so proceedings commenced after 30 November 2014 are statute barred and must be dismissed.

Court Disposition

Plaintiff's application for leave to amend denied; statement of claim struck out as against the first defendant; proceedings dismissed as against the first defendant with costs.

Orders

['Statement of claim struck out as against the first defendant.' 'Judgment for the first defendant in the proceedings.' "Plaintiff to pay the first defendant's costs of the proceedings."]