Gradara v Bolt [1998] FCA 460

Gradara v Bolt [1998] FCA 460

Merkel J did not err in dismissing the proceedings because the facts alleged could not be brought within ss 86, 86A or 87 of the Crimes Act 1914 (Cth), the Cheques and Payment Orders Act 1986 (Cth) was not in force at the time of the alleged 1984 conduct, and any broader common law civil conspiracy claim based on events in 1984 or 1989 was outside the relevant six-year limitation period before the 1997 proceeding was instituted.

Jurisdiction
Australia
Judgment Date
18 March 1998
Procedural Posture
Appeal / Appeal From Summary Dismissal of Proceedings Under O 20 R 2(1)(a) of the Federal Court Rules for Disclosing No Reasonable Cause of Action
Outcome
Appeal dismissed with costs.
Legal Topics
['summary Dismissal' 'no Reasonable Cause of Action' 'criminal Conspiracy' 'civil Conspiracy' 'limitation Period' 'cheques']
['civil Procedure' 'criminal Law' 'torts' 'limitation of Actions'] ['summary Dismissal' 'no Reasonable Cause of Action' 'criminal Conspiracy' 'civil Conspiracy' 'limitation Period' 'cheques']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Appeal From Summary Dismissal of Proceedings Under O 20 R 2(1)(a) of the Federal Court Rules for Disclosing No Reasonable Cause of Action

Legal Issues

  1. 1 ["Whether the appellant's proceeding disclosed a reasonable cause of action under ss 86, 86A or 87 of the Crimes Act 1914 (Cth)." 'Whether the Cheques and Payment Orders Act 1986 (Cth) could apply to alleged conduct occurring on 13 August 1984.' 'Whether the application could be construed as alleging common law civil conspiracy.' 'Whether any civil conspiracy claim was barred by the relevant six-year limitation period.' "Whether the appeal from Merkel J's dismissal should be allowed."]

Ratio Decidendi

Merkel J did not err in dismissing the proceedings because the facts alleged could not be brought within ss 86, 86A or 87 of the Crimes Act 1914 (Cth), the Cheques and Payment Orders Act 1986 (Cth) was not in force at the time of the alleged 1984 conduct, and any broader common law civil conspiracy claim based on events in 1984 or 1989 was outside the relevant six-year limitation period before the 1997 proceeding was instituted.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs.']