Mclaughlin v Burrows & ors t/as Kells The Lawyers [2020] NSWSC 1802

Mclaughlin v Burrows & ors t/as Kells The Lawyers [2020] NSWSC 1802

The plaintiff's claims, except those clearly unsustainable on their merits, were brought well outside the limitation period prescribed by statute. The asserted disability was not established by medical or objective evidence to the extent required by the Limitation Act 1969 (NSW) to justify suspending or extending the limitation period. Therefore, the proceedings should be dismissed as statute barred.

Parties
Plaintiff: Scot George Mclaughlin; Defendants: David Wilfred Burrows, Roger John Downs, David Laurance Potts, Paul Dante Magagnino, Peter John Chodat, Mario Quintilliani, Michael John Hatfield and Michael Paul Mantel t/as Kells The Lawyers
Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Application for Summary Dismissal / Final Determination at First Instance
Outcome
Proceedings dismissed
Legal Topics
Summary Dismissal, Statute of Limitations, Disability Exception, Cause of Action in Tort
Practice and Procedure Limitation of Actions Summary Dismissal Statute of Limitations Disability Exception Cause of Action in Tort

Case Brief

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Parties

Scot George Mclaughlin

Plaintiff

David Wilfred Burrows, Roger John Downs, David Laurance Potts, Paul Dante Magagnino, Peter John Chodat, Mario Quintilliani, Michael John Hatfield and Michael Paul Mantel t/as Kells The Lawyers

Defendants

Procedural Posture

Application for Summary Dismissal / Final Determination at First Instance

Legal Issues

  1. 1 Whether the proceedings are statute barred under the Limitation Act 1969 (NSW)
  2. 2 Whether the plaintiff was under a disability extending the limitation period
  3. 3 Whether it is appropriate to make an order for summary dismissal in circumstances where a limitation issue arose

Ratio Decidendi

The plaintiff's claims, except those clearly unsustainable on their merits, were brought well outside the limitation period prescribed by statute. The asserted disability was not established by medical or objective evidence to the extent required by the Limitation Act 1969 (NSW) to justify suspending or extending the limitation period. Therefore, the proceedings should be dismissed as statute barred.

Court Disposition

Proceedings dismissed

Orders

  • The proceedings are dismissed.
  • The question of costs is reserved.