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The Court held there was no accord and satisfaction, the debt claim was not time-barred, and MBP could recover $900,000 against PBI only.
Default judgment was entered for the plaintiff after the defendant failed to appear. The court assessed damages for childhood abuse, psychiatric injury, and economic loss.
The Court of Appeal dismissed an appeal about trust distributions, holding that post-2011 decisions were excused under s 85 and earlier claims were time-barred.
Ascic v Australian Federal Police [2025] FCA 124
The Federal Court refused to summarily dismiss Marko Ascic’s claim for common law damages, finding limitation issues were not clear enough to end the case early.
Commonwealth of Australia v Winston [2024] NSWCA 277
The Court of Appeal held that a proposed amendment introduced a new, time-barred cause of action not arising from substantially the same facts.
Liu v Ye [2024] NSWSC 1485
The Supreme Court held the plaintiff’s detinue claim over an emerald was statute-barred because clear demands were made in 2015–2016 and refusal was inferred from delay.
Vonhoff v Hillier [2024] NSWSC 1285
The Court extended the long-stop limitation period for a 2006 medical negligence claim, but struck out claims relating to 2010 surgery as time-barred.
The Court permanently stayed historical abuse proceedings, finding the combined effect of delay, missing records and deceased key witnesses made a fair trial impossible.
Smyth v Zou [2023] FCA 409
The Federal Court dismissed a commodities trader’s claims for misleading conduct, deceit and breach of contract, finding no standing, no proved oral agreements and limitation issues.
Horne v J K Williams Contracting Pty Ltd [2023] NSWCA 58
The Court of Appeal dismissed a cyclist’s negligence claim over an unlit barricade and held the personal injury proceedings were filed out of time.
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