EQUITY- Wholly oral loan agreements — Loans claimed to be made to all four defendants — Dismissal of proceedings by consent against two alleged co-obligees — Whether there remains an action against the remaining two alleged co-obligees — Whether even if not barred plaintiff has established that any of the defendants were borrowers as opposed to one or other of two corporations — Whether plaintiff’s claim is statute barred — Whether the plaintiff was under “a disability” within the meaning of s 52(1)(c) of the Limitation Act 1969 (NSW) due to incarceration — Whether the alleged debtors made payments which, by virtue of s 54(2)(a)(ii), recommenced the limitation period
Case Details
Citation[2015] NSWSC 663
CourtNSWSC
JurisdictionNew South Wales
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