Uttinger v The Trustees of the Hospitaller Order of St John of God Brothers

In Uttinger v The Trustees of the Hospitaller Order of St John of God Brothers, the plaintiff, Uttinger, sought to challenge the validity of a deed of release executed in favour of the defendants, the Trustees of the Hospitaller Order of St John of God Brothers. The dispute was brought before the court on a motion to strike out, which was heard in the Supreme Court of Victoria. The primary contention was whether the plaintiff had an arguable case that the deed of release was invalid, particularly in light of the time constraints imposed by the Contracts Review Act 1980 (Vic).

The court was required to determine whether the plaintiff had established a sufficient basis to argue that the deed of release was invalid. This involved examining the statutory time limits for setting aside the deed under the Contracts Review Act and whether there was any evidence of negligence by the solicitors who originally advised on the execution of the deed. Additionally, the court had to assess whether there was any other legal basis upon which the plaintiff could argue that the deed was void or voidable.

The court found that there was no arguable case that the deed of release was invalid. It held that the statutory time limits for setting aside the deed had expired, and there was no evidence of negligence by the solicitors who advised on the execution of the deed. Consequently, the court concluded that the deed constituted a valid and binding release, barring the plaintiff's proceedings. The motion to strike out was granted, and the plaintiff's claims were dismissed.