A notice of appeal will be struck out where the underlying claim was plainly barred by the limitation period, constituted relitigation of the same matters previously litigated, and failed to disclose a reasonable cause of action. Section 38 of the Limitation of Actions Act 1974 (Qld) requires more than a bare allegation of fraud in the statement of claim to extend the limitation period.
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1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.