Tag: summary dismissal
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What is a “relevant order” under the Federal Courts (State Jurisdiction) Act 1999 (NSW)
Sydney Seaplanes Pty Ltd v Page [2021] NSWCA 204 Per Bell P; Leeming JA agreeing at [147]; Emmett AJA agreeing at [169]: The order dismissing the Federal Court proceedings for want of jurisdiction was not a “relevant order” for the purposes of s 11(1). When one has regard to the context and purpose of the…
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“Class actions” – some ground rules
Haselhurst v Toyota Motor Corporation Australia Ltd t/as Toyota Australia; Whisson v Subaru (Aust) Pty Ltd; Kularathne v Honda Australia Pty Ltd; Brewster v BMW Australia Ltd; Bond v Nissan Motor Co (Australia) Pty Ltd; Coates v Mazda Australia Pty Ltd; Dwyer v Volkswagen Group Australia Pty Ltd t/as Volkswagen Australia [2020] NSWCA 66 (22…
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Summary dismissal and multiple defendants
[6] The primary judge would have been justified in simply refusing to deal with the late application. Although it does not appear that the primary judge was referred to the relevant authorities, it is clearly established by decisions of this Court that if several defendants are sued and the evidence that might be adduced in…
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Professional liability, limitation periods and summary dismissal
(1) The respondent’s causes of action accrued once the impact of the settlement of the first WC claim became “known or apparent”. According to his pleaded and particularised case, that occurred on or around the date of his knee surgery in November 2007, at which time he suffered measurable damage for the purposes of both his…