PORT BOUVARD LTD -v- NKH PTY LTD [2011] WASC 231
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2011] WASC 231 | |
| Case No: | CIV:1392/2011 | 23 AUGUST 2011 | |
| Coram: | MASTER SANDERSON | 7/09/11 | |
| 6 | Judgment Part: | 1 of 1 | |
| Result: | Application dismissed | ||
| B | |||
| PDF Version |
| Parties: | PORT BOUVARD LTD NKH PTY LTD |
Catchwords: | Summary judgment application by defendant Defendant says plaintiff's claim timebarred Turns on own facts |
Legislation: | Fringe Benefits Tax Act 1986 (Cth), s 5 Fringe Benefits Tax Assessment Act 1986 (Cth), s 136, pt IIA |
Case References: | Christie v Purves [2007] NSWCA 182 Wardley Australia Ltd v The State of Western Australia (1992) 175 CLR 514 Williamson v Beere May & Meyer (a firm) [2011] WASC 105 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
NKH PTY LTD
Defendant
Catchwords:
Summary judgment application by defendant - Defendant says plaintiff's claim timebarred - Turns on own facts
Legislation:
Fringe Benefits Tax Act 1986 (Cth), s 5
Fringe Benefits Tax Assessment Act 1986 (Cth), s 136, pt IIA
Result:
Application dismissed
(Page 2)
Category: B
Representation:
Counsel:
Plaintiff : Ms K F Banks-Smith
Defendant : Mr B F Dodson
Solicitors:
Plaintiff : Norton Rose Australia
Defendant : Allens Arthur Robinson
Case(s) referred to in judgment(s):
Christie v Purves [2007] NSWCA 182
Wardley Australia Ltd v The State of Western Australia (1992) 175 CLR 514
Williamson v Beere May & Meyer (a firm) [2011] WASC 105
(Page 3)
1 MASTER SANDERSON: This is the defendant's application for summary judgment. There was no dispute between the parties as to the principles which apply to such applications. It is sufficient if I say both parties accepted summary judgment was available only in the clearest of cases where there was no doubt the plaintiff's claim was unsustainable. Moreover, both parties agreed for the purposes of a summary judgment application, the version of events pleaded by the plaintiff in the statement of claim was to be accepted.
2 In my view, this is not an appropriate case in which to grant summary judgment. However, as the matter was fully argued by the parties and as an appeal is available against an order dismissing a summary judgment application by a defendant, I should briefly state the reasons why I have come to this conclusion. In doing so, I will outline only in brief terms why I am not satisfied judgment ought run. I have reached no concluded views on any of the matters in issue between the parties.
3 The facts of the case can be summarised in the following way. The plaintiff is a property developer involved in the development and sale of residential lots in Western Australia. The defendant is a firm of accountants. In about April of…
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- Case
- [2011] WASC 231
- Decision Date
CaseChat Overview and Summary
The central legal issue in this case was whether the plaintiff's claim was indeed time-barred, and if so, whether the defendant's application for summary judgment should be granted. The defendant argued that the plaintiff's claim was barred by limitation periods set out in the Limitation Act 1969 (Cth). However, the plaintiff contended that the facts of the case were such that the limitation period did not apply. The court had to determine whether the plaintiff's cause of action accrued when the contract was signed or at some later point in time, and whether the facts of the case triggered the commencement of the limitation period.
The court found that the facts of the case were such that the limitation period had not begun to run at the time the defendant filed its application for summary judgment. The court held that the plaintiff's cause of action did not accrue until a later point in time, and that the defendant's application for summary judgment should therefore be dismissed. The court also found that the plaintiff's claim was not time-barred, and that the defendant's application should be dismissed in its entirety.
The Federal Court dismissed the defendant's application for summary judgment and ruled that the plaintiff's claim was not time-barred. The court found that the facts of the case were such that the limitation period had not begun to run at the time the defendant filed its application for summary judgment. The plaintiff's cause of action did not accrue until a later point in time, and the defendant's application for summary judgment was therefore dismissed. The court also held that the plaintiff's claim was not time-barred, and that the defendant's application should be dismissed in its entirety.
Orders
Orders of the court
Application dismissed
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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