19 Oct 2022
The judgment of 26 July 2022 was recalled because counsel materially failed to disclose a relevant settlement agreement and that failure constituted a very special reason under High Court Rules r 11.9 such that justice required recall, with the defendant consenting to recall.
16 Sept 2020
Appeal dismissed: on the pleaded facts the negligent misstatement claim was not plainly hopeless because key proximity questions (knowledge of purpose/recipient and reasonableness of reliance) and the effect of the DEE limitation clause raised disputed factual and industry‑practice issues that require trial; accordingly summary judgment/strike out was not appropriate and the respondents must amend their statement of claim to particularise basis for proximity.
23 Oct 2018
Section 37 of the WHRSA, properly construed purposively and in light of Lee, extends the stop‑the‑clock effect to contribution claims between a defendant and a third party so the first third party's contribution claim is not limitation barred; summary judgment/strike out was therefore not available to the first third party.
8 May 2018
The Court refused to strike out or grant summary judgment because limitation and discovery issues, and the possibility of s28(b) postponement for concealment, raised contested factual questions unsuitable for summary disposal; the Fair Trading Act claim raised factual issues of discovery; negligent misstatement and duty of care claims were partly within time for losses occurring after specified dates and could be extended under s28(b) on the pleaded facts; contractual misrepresentation claims were time-barred except for inducement to execute the guarantee (a deed) which falls within 12-year l…
23 Jul 2014
The defendant's applications were refused because there are genuine disputed questions of fact and credibility about whether specific representations were made and relied upon, whether reliance was reasonable, and whether the written non-reliance clause conclusively defeats the claims; those issues require trial rather than summary disposal; accordingly summary judgment, strike out, summary judgment on the counterclaim and security for costs were refused and costs reserved.