RIZZUTI v TALARICO [1992] NSWCA 214

RIZZUTI v TALARICO [1992] NSWCA 214

The claims were brought outside the statutory period and were clearly barred by the statute of limitation; as such, the District Court was correct to strike them out and any appeal must be dismissed.

Parties
Appellant: Rizzuti; Respondent: Talarico
Jurisdiction
Australia
Judgment Date
05 June 1992
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Competency of Appeal, Statute of Limitation, Striking Out Statement of Claim
Civil Procedure Competency of Appeal Statute of Limitation Striking Out Statement of Claim

Case Brief

Summary, issues, holding and outcome

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Parties

Rizzuti

Appellant

Talarico

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there is a right of appeal in relation to the order(s) made by the District Court judge.
  2. 2 Whether the appeal can or should succeed given the proceedings were statute barred.

Ratio Decidendi

The claims were brought outside the statutory period and were clearly barred by the statute of limitation; as such, the District Court was correct to strike them out and any appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal and applications dismissed with costs.