Sharples v Hanson & Ors [2006] FCA 387

Sharples v Hanson & Ors [2006] FCA 387

The claims for damages, including defamation and breaches of the Trade Practices Act and Corporations Act, are statute barred as proceedings were commenced outside the applicable limitation periods. No sufficient basis was provided to support an extension of time. Claims for declaratory relief lacked utility given the disposal of the substantive claims.

Jurisdiction
Australia
Judgment Date
07 April 2006
Procedural Posture
Civil Application / Motion to Extend Time/file Amended Pleadings; Application to Strike Out as Statute Barred
Outcome
Application and Statement of Claim struck out as statute barred; application for time extension and further amendment refused; costs ordered.
Legal Topics
['extension of Limitation Periods' 'associated Jurisdiction' 'declaratory Relief' 'amendment of Pleadings']
['defamation' 'limitation of Actions' 'federal Jurisdiction' 'civil Procedure'] ['extension of Limitation Periods' 'associated Jurisdiction' 'declaratory Relief' 'amendment of Pleadings']

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Procedural Posture

Civil Application / Motion to Extend Time/file Amended Pleadings; Application to Strike Out as Statute Barred

Legal Issues

  1. 1 ['Whether the Federal Court has associated jurisdiction over the defamation claim' "Whether the applicant's proceedings are statute barred under applicable limitation statutes" 'Whether it is just to grant an extension of time to institute proceedings' 'Whether claims for declarations have any utility']

Ratio Decidendi

The claims for damages, including defamation and breaches of the Trade Practices Act and Corporations Act, are statute barred as proceedings were commenced outside the applicable limitation periods. No sufficient basis was provided to support an extension of time. Claims for declaratory relief lacked utility given the disposal of the substantive claims.

Court Disposition

Application and Statement of Claim struck out as statute barred; application for time extension and further amendment refused; costs ordered.

Orders

  • ["The applicant's motion for extension of time is dismissed." 'Leave to further amend pleadings is refused.' 'Application and Statement of Claim are struck out as statute barred.' 'Applicant to pay costs of First and Second Respondents for the two Notices of Motion, to be taxed if not agreed.']