› application for summary dismissal based on Limitation Act 1969 (NSW)
› whether seriously arguable that claims not statute-barred
Limitation of Actions
› contracts, torts and personal actions
› when time begins to run
› when loss or damage accrues in actions for negligence
› whether seriously arguable that loss or damage not incurred on entry into contract
Limitation of Actions
› equitable compensation
› when equity will apply Limitation Act by analogy
› what constitutes unconscionable conduct sufficient to prevent the application of Limitation Act by analogy
› whether arguable at least at appellate level that equity when acting in its exclusive jurisdiction has discretion not to apply Limitation Act by analogy if to do so would be unjust
Case Details
Citation[2015] NSWSC 112
CourtNSWSC
JurisdictionNew South Wales
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