Issa v Issa
[2015] NSWSC 112
Citation 1
(Para 79)
…should apply a limitation period by analogy. For example, White J in Issa v Issa [2015] NSWSC 112 at [79] held: “If the circumstances of the case make it unjust to apply the statute of limitations by analogy to prevent a plaintiff from obtaining an equitable remedy arising from the defendant’s breach of fiduciary…
Levy v Watt
[2014] VSCA 60
Citation 2
…scionable and extends to conduct that conceals the original allegedly surreptitious conduct (relying on the Court of Appeal decision in Levy v Watt (2014) 308 ALR 748, per Santamaria JA at [48], [49] and [85]. Counsel for the plaintiffs conceded in oral argument that fraud is not pleaded, but submitted that the time…
Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd
[2001] FCA 703
Citation 3
(Para 38)
…FCR 391 (per Cooper J at [398]) and Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2001] FCA 703, per French J at [38]). BOS is yet to file a defence in the proceeding. Assuming for the moment that the defendants in due course seek to rely on all applicable limitation periods in defence of the claims, the plainti…
Commonwealth v Mewett
[1997] HCA 29
Citation 4
…e to impugn a plaintiff’s claim until such a defence is formally pleaded” (citing Commonwealth v Mewett (1995) 59 FCR 391 (per Cooper J at [398]) and Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2001] FCA 703, per French J at [38]). BOS is yet to file a defence in the proceeding. Assuming for the moment that the defendants in…
Wardley Australia Ltd v Western Australia
[1992] HCA 55
Citation 5
…aches of contract alleged are, first, based on disputed issues of fact and law and, second, continuing breaches, thus engaging the principle in Wardley Australia Ltd v The State of Western Australia (1992) 175 CLR 514 at [533] as follows: “We should, however, state in the plainest of terms that we regard it as undesirable that limitation questions of the kind…