Lallemand v Brown

Case [2014] ACTSC 235


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Lallemand & Anor v Brown & Anor

Citation:

[2014] ACTSC 235

Hearing Date(s):

17, 18 March 2014, 13 June 2014

DecisionDate:

25 September 2014

Before:

Mossop M

Decision:

Application to amend statement of claim dismissed

Judgment for the defendants

See [184]

Category:

Principal Judgment

Catchwords:

EQUITY - Equitable doctrines and presumptions – Barnes v Addy claim - equitable defences – laches – delay with prejudice – whether the defence of laches is available notwithstanding whether the statutory limitation period has expired

PRACTICE AND PROCEDURE – Insufficient pleadings – application to amend statement of claim at the end of the trial

Legislation Cited:

Limitation Act 1929 (UK) s 29

Limitation Act 1967 (NSW) s 9
Limitation Act 1980 (UK) s 36(2)
Limitation Act 1985 (ACT) s 6, 11, 27, 33
Limitation Ordinance 1985 (ACT)

Cases Cited:

Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175

Archbold v Scully (1861) 9 HLC 360
Banque Commercial SA v Akhil Holdings Ltd (1990) 169 CLR 279
Baburin v Baburin (No 2) [1991] Qd R 240
Barnes v Addy (1874) LR 9 Ch App 244
Boynes v Lackey [1958] SR (NSW) 395
Clegg v Edmonson (1857) 8 De G M & G 787
Crago v McIntyre [1976] 1 NSWLR 729
Ernest v Vivian [1861-73] All ER Rep 1531
Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89
Grundt v Great Builder Pty Gold Mines Ltd (1937) 59 CLR 641
Hughes v Schofield [1975] 1 NSWLR 8
In re Pauling’s Settlement Trusts [1962] 1 WLR 86
In re Pauling’s Settlement Trusts [1964] 1 Ch 303
Gerace v Auzhair Supplies Pty Ltd (2014) 310 ALR 85
Lindsay Petroleum Co v Hurd (1874) 5 LRPC 221
Morlea Professional Services Pty Ltd v Richard Walter Pty Ltd (In Liq) [1999] FCA 1820
Orr v Ford (1989) 167 CLR 316
Paramavisam v Flynn (1998) 160 ALR 203
P & O Nedlloyd BV v Arab Metals Co & Ors (No 2) [2007] 1 WLR 2288
Re Jarvis (Deceased) Edge v Jarvis [1958] 2 All ER 336
Taverners J Pty Ltd v Saxo Bank A/S [2011] VSC 27

Williams v Hensman (1861) 1 J&H 546; 70 ER 862

Texts Cited:

Butt, Land Law (6th ed, Law Book Co, 2010)

Halsbury’s Laws of England (3rd ed, Butterworth & Co.)
Halsbury’s Laws of England (4th ed reissue, Butterworths)
Meagher, Heydon and Leeming, Meagher, Gummow & Lehane’s Equity Doctrines & Remedies (4th ed, Butterworths, 2002)
New South Wales Law Reform Commission, First Report on the Limitation of Actions (LRC 3) (1967)

Proposals for the Reform and Modernization of the Laws of Limitation in the Australian Capital Territory, Working Paper (Attorney General’s Department, April 1984)

Parties:

Jacqueline Mara Lallemand ( First Plaintiff)

David Philip Stevenson (Second Plaintiff)

Russell Brown (First Defendant)

William Nelson Joseph Swan (Second Defendant)

Representation:

Counsel:

Mr G Waugh (Plaintiffs)

Mr L Ellison SC (Defendants)

Solicitors:

J S O'Connor Harris &…

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Lallemand v Brown [2014] ACTSC 235
Case
[2014] ACTSC 235
Decision Date

CaseChat Overview and Summary

The case of Lallemand v Brown was heard in the Federal Court of Australia. The plaintiff, Mr. Lallemand, brought a claim against the defendants, Mr. and Mrs. Brown, asserting an equitable Barnes v Addy claim, along with other equitable claims. The central dispute was whether the defendants could be held liable for their involvement in a transaction that was alleged to be a dishonest assistance in a breach of trust. The defendants raised the defence of laches, arguing that the plaintiff's delay in bringing the action had prejudiced them. Additionally, the defendants contested the sufficiency of the plaintiff's pleadings, particularly whether they adequately disclosed a cause of action for dishonest assistance.

The court was required to determine whether the equitable defence of laches could be applied despite the statutory limitation period having expired. This involved assessing the balance of convenience and the nature of the prejudice to the defendants if the action proceeded. The court also needed to address whether the plaintiff's statement of claim was sufficiently particularised to support the equitable claims, and if leave to amend should be granted at the conclusion of the trial.

The court found that the defence of laches was not precluded by the expiration of the statutory limitation period, as the fundamental principle of laches concerned delay that prejudiced the defendant, irrespective of whether the limitation period had expired. The court held that the delay in bringing the action did result in prejudice to the defendants, as it had hindered their ability to properly defend the claim. Consequently, the defence of laches was upheld. Additionally, the court ruled that the plaintiff's statement of claim was insufficiently particularised to support the equitable claims, and refused the application to amend it at the end of the trial. The court found in favour of the defendants, dismissing the plaintiff's claims and ordering that the application to amend the statement of claim be dismissed.

Orders

Orders of the court

Application to amend statement of claim dismissed

Judgment for the defendants

See [184]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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