J G & J A Willliamson Holdings P/L (ACN 007 453 652) v Hindle, David and Ian Cloak t/as Billings Cloak (ABN 60 621 611 083) [2017] VSC 534

PRACTICE AND PROCEDURE
Judgment type: 
Supreme Court of Victoria
Judge(s): 
Derham AsJ
Parties: 

J G & J A Willliamson Holdings P/L (ACN 007 453 652) v Hindle, David and Ian Cloak t/as Billings Cloak (ABN 60 621 611 083)

Judgment Date: 
11 September 2017
Catchwords: 

PRACTICE AND PROCEDURE - Application to amend amended statement of claim - Whether proposed amendments disclose causes of action or are embarrassing - Whether proposed amendments plead causes of action that accrued more than 6 years before the commencement of the proceeding - First defendant previously pleaded statute of limitations as a defence to the claims - Proposed amendments opposed on the basis that they plead statute barred causes of action.

PRACTICE AND PROCEDURE - Application for summary judgment on the basis that causes of action pleaded and proposed to be pleaded are statute barred - Whether no real prospect that causes of action are not statute barred - Whether the proceeding should proceed to trial in the exercise of the Court's discretion under the Civil Procedure Act 2010, s64 - Wardley Australia Ltd v Western Australia (1992) 175 CLR 514.

Citation: 
[2017] VSC 534