Pomitix Pty Ltd v Rees Law

Pomitix Pty Ltd sued Rees Law for failing to advise them of certain risks associated with a contract of sale. Rees Law argued that the claim was statute-barred, and Pomitix Pty Ltd sought to have this defence struck out as having no reasonably arguable basis. The Supreme Court of Queensland had to decide whether the defence of limitation should be struck out.

The court examined whether the defence of limitation had a reasonably arguable basis. The court found that the limitation period had not expired, and there was a real prospect that the defendant's conduct had tolled the limitation period. Therefore, the court concluded that the defence of limitation had a reasonably arguable basis and should not be struck out.

The court dismissed Pomitix Pty Ltd's application to strike out the defence of limitation. The court held that the defendant had demonstrated that there was a real prospect that the limitation period had been tolled by their conduct, and therefore the defence had a reasonably arguable basis. The court also noted that the limitation period had not expired, which further supported the conclusion that the defence had a reasonably arguable basis.