Ridgley v Oliver [2019] NSWSC 329

Ridgley v Oliver [2019] NSWSC 329

The pleaded events occurred in February 2015, the defendants were customs officers acting in the course of their duty, and the statement of claim was filed on 25 September 2018. The claim was therefore filed well outside the six-month limitation period in s 225 of the Customs Act 1901 (Cth), and also outside the three-year post discoverability limitation period in s 50C of the Limitation Act 1969 (NSW) because the statement of claim itself showed the plaintiff knew of the alleged injury and related harm in February 2015. The claim was clearly out of time and doomed to fail, so summary dismissal was warranted.

Jurisdiction
Australia
Judgment Date
25 March 2019
Procedural Posture
Civil Proceedings; Summary Dismissal Application / Defendants' Notice of Motion Seeking Dismissal Pursuant to R 13.4(1) or Alternatively Strike Out Pursuant to R 14.28(1)
Outcome
Statement of Claim dismissed. Plaintiff ordered to pay the defendants' costs in the gross sum of $8,800.
Legal Topics
['summary Disposal' 'dismissal of Proceedings Brought Out of Time' 'trespass to the Person' 'customs Officers' 'gross Sum Costs']
['civil Procedure' 'limitation of Actions' 'personal Injury' 'costs'] ['summary Disposal' 'dismissal of Proceedings Brought Out of Time' 'trespass to the Person' 'customs Officers' 'gross Sum Costs']

Case Brief

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Procedural Posture

Civil Proceedings; Summary Dismissal Application / Defendants' Notice of Motion Seeking Dismissal Pursuant to R 13.4(1) or Alternatively Strike Out Pursuant to R 14.28(1)

Legal Issues

  1. 1 ["Whether the plaintiff's statement of claim should be summarily dismissed because the proceedings were brought outside applicable limitation periods." 'Whether the statement of claim disclosed a reasonable cause of action or had reasonable prospects of success.' "Whether, after dismissal, the plaintiff should pay the defendants' costs as a specified gross sum."]

Ratio Decidendi

The pleaded events occurred in February 2015, the defendants were customs officers acting in the course of their duty, and the statement of claim was filed on 25 September 2018. The claim was therefore filed well outside the six-month limitation period in s 225 of the Customs Act 1901 (Cth), and also outside the three-year post discoverability limitation period in s 50C of the Limitation Act 1969 (NSW) because the statement of claim itself showed the plaintiff knew of the alleged injury and related harm in February 2015. The claim was clearly out of time and doomed to fail, so summary dismissal was warranted.

Court Disposition

Statement of Claim dismissed. Plaintiff ordered to pay the defendants' costs in the gross sum of $8,800.

Orders

  • ['The statement of claim is dismissed.' "The plaintiff is to pay the defendants' costs in the gross sum of $8,800."]