Qasim v Bird & Ors (No 4) [2022] NSWSC 722

Qasim v Bird & Ors (No 4) [2022] NSWSC 722

The plaintiff's claims against the third defendant were more than seven years after the alleged breaches and are statute-barred under s 14 of the Limitation Act 1969 (NSW); even if not statute-barred, no reasonable cause of action is disclosed as no loss flowed from any conduct of the third defendant, given the NCAT cancellation and subsequent litigation outcomes; thus, the proceedings are manifestly untenable and should be summarily dismissed under r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW).

Jurisdiction
Australia
Judgment Date
03 June 2022
Procedural Posture
Civil Procedure Summary Dismissal / Decision on Notice of Motion Seeking Summary Dismissal of Proceedings Against Third Defendant
Outcome
proceedings against third defendant dismissed pursuant to r 13.4 UCPR; question of costs reserved
Legal Topics
['summary Dismissal' 'statute of Limitations' 'professional Negligence' 'breach of Retainer']
['civil Procedure'] ['summary Dismissal' 'statute of Limitations' 'professional Negligence' 'breach of Retainer']

Case Brief

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Procedural Posture

Civil Procedure Summary Dismissal / Decision on Notice of Motion Seeking Summary Dismissal of Proceedings Against Third Defendant

Legal Issues

  1. 1 ['Whether the proceedings against the third defendant disclose a reasonable cause of action' 'Whether any claim against the third defendant is statute-barred under Limitation Act 1969 (NSW) s 14' 'Whether any breach by the third defendant caused loss to the plaintiff']

Ratio Decidendi

The plaintiff's claims against the third defendant were more than seven years after the alleged breaches and are statute-barred under s 14 of the Limitation Act 1969 (NSW); even if not statute-barred, no reasonable cause of action is disclosed as no loss flowed from any conduct of the third defendant, given the NCAT cancellation and subsequent litigation outcomes; thus, the proceedings are manifestly untenable and should be summarily dismissed under r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW).

Court Disposition

proceedings against third defendant dismissed pursuant to r 13.4 UCPR; question of costs reserved

Orders

  • ['Dismiss the proceedings against the third defendant pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW).' 'Reserve the question of costs.' 'The third defendant is to file and serve all affidavits and submissions in relation to any application for a lump sum costs order by 10 June 2022.' "The...