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High Court, in an application to dismiss the plaintiff's proceedings seeking a full account of the administration of her late father's estate and damages for negligence, misrepresentation and personal injuries amongst other reliefs, brought by the defendant siblings of the plaintiff on grounds that the proceedings are statute-barred and disclose no reasonable cause of action, finds the claims are statute-barred by reason of the factual allegations underlying the claims arising in 2003/4 but adjourns the defendant's motion to permit the plaintiff an opportunity to fully particularise her statutory plea that the statute of limitations does not apply to those claims of hers involving the administration of the estate, by reason of an alleged fraud which she maintains was perpetrated upon her by or on behalf of the defendants.
Applications to dismiss proceedings on grounds that it discloses no reasonable cause of action and/or is frivolous and/or vexatious and is statute barred - plenary summons and statement of claim alleging defendant siblings failed to honour family settlement agreement regarding plaintiff's access to family home following the administration of their father's estate - relief in damages sought for personal injures, negligence, and breach of fiduciary duty in addition to a full accounting of administration of estate - negligent misstatement and/or representation - defences pleading statute and delay - claim in misrepresentation against defendants accrued in 2003/2004 and thus statute-barred - date on which property comes into hands of personal representative - distribution of monies from estate occurred in 2004 and thus claim involving administration of estate also statute-barred - personal injuries factual allegations arise from events in 2003/2004 and thus are statute-barred - plea of fraud against plaintiff such as to negative impact of statute on her claims involving the administration of the estate cannot be resolved on affidavit - hearing directed as to whether plaintiff can rely on statutory plea based on fraud in the administration of estate - motion adjourned to permit plaintiff to particularise alleged fraud
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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