Victorian Reports - Authoritative Law Reports Since 1870

CAPPELLERI and Another v CAPPELLERI and Others

|Emerton P, McLEISH and Macaulay JJA

77 VR 126

CAPPELLERI and Another v CAPPELLERI and Others Court of AppealEmerton P, McLEISH and Macaulay JJA 23 April, 7 August 2024[2024] VSCA 173Limitation of actions — Declaratory relief — Declarations sought as to shareholdings in private company more than six years after allegedly false notifications made to Australian Securities and Investments Commission — Whether claims ‘founded on tort’ — Whether facts alleged comprised tort of injurious falsehood or cause of action based on wrongful conduct — Limitation of Actions Act 1958 (Vic), ss 5(1)(a), (2), (8), 21 — Supreme Court Act 1986 (Vic), s 36 — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 23.05.

Section 36 of the Supreme Court Act 1986 (Vic) provided that a proceeding was not open to objection on the ground that a merely declaratory judgment was sought, and that the Court may make binding declarations of right without granting consequential relief. Rule 23.05 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) provided to like effect.

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