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Bolas v Calvary Health Care Limited [2016] ACTSC 58 | Case summary | Zoe

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Home/Cases/[2016] ACTSC 58

ACTACTSC

Bolas v Calvary Health Care Limited [2016] ACTSC 58

[2016] ACTSC 58

Supreme Court of the ACT|2016-03-16|Before: Mossop AsJ

View original source

At a glance

Source facts

Court

Supreme Court of the ACT

Decision date

2016-03-16

Before

Mossop AsJ

Catchwords

CIVIL LAW – PRACTICE AND PROCEDURE – application for
summary judgment – case alleging medical negligence – which
provision
of s 30B of the Limitation Act 1985 (ACT) is applicable –

Source

Original judgment source is linked above.

Plain-English guides

Statute-barred debt: when is a debt too old to chase in court?Australia

Catchwords

CIVIL LAW – PRACTICE AND PROCEDURE – application forsummary judgment – case alleging medical negligence – whichprovisionof s 30B of the Limitation Act 1985 (ACT) is applicable –defective pleading by both parties – application dismissed

Judgment (2 paragraphs)

[1]

the application in proceedings dated 18 December 2016 is dismissed;
the plaintiff has leave to file a reply by 23 March 2016;
the costs of the application dated 18 September 2015 are the defendant's costs in the cause; and
the proceedings are listed for further a listing hearing before the Deputy Registrar on 24 March 2016 at 10.15am.

[2]

I certify that the preceding thirty-four [34] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Associate Justice Mossop

Parties

Applicant/Plaintiff:

Bolas

Respondent/Defendant:

Calvary Health Care Limited [2016] ACTSC 58

Legislation Cited (6)

Procedures Act 2004

Rights Commission Act 2005

Procedures Rules 2006

Procedures Act 2004

Rights Commission Act 2005

Procedures Rules 2006

Cases Cited (5)

Bolas v Calvary Health Care Limited [2016] ACTSC 58 (16 March 2016)

Doyle v Gillespie [2010] ACTSC 21

Galovac Pty Ltd v Australian Capital Territory [2010] ACTSC 132

Stingel v Clark [2006] HCA 37; (2006) 226 CLR 442

(2006) 226 CLR 442