In the case of Goldsmith & Tippett v AMP Life Ltd; Goldsmith & Tippett v Resolution Life Australasia Limited [2024] QCA 184, the appellants, Andrew David Goldsmith and Janne Elizabeth Tippett, pursued appeals against rulings in favour of AMP Life Ltd and Resolution Life Australasia Limited. The proceedings revolved around the dismissal of two Supreme Court proceedings initiated by the appellants, claiming loss due to alleged misrepresentations and unconscionable conduct linked to their newsagency business at Mt Ommaney, managed by Gold Tip (News) Pty Ltd, which ultimately went into liquidation. A critical issue was the appellants' attempt to circumvent limitations periods by advancing conflicting stances at different stages of their proceedings. The court found that their contradictory positions on limitation periods and lack of disclosure constituted an abuse of process. Consequently, both appeals were dismissed.
Full text: https://www.sclqld.org.au/caselaw/149315