Barclay Mowlem Construction Ltd v Dampier Port Authority

Link copied
Case Copied 10 min read

BARCLAY MOWLEM CONSTRUCTION LTD -v- DAMPIER PORT AUTHORITY & ANOR [2006] WASC 281



(2006) 33 WAR 82
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2006] WASC 281
Case No:CIV:1389/200630 NOVEMBER 2006
Coram:MARTIN CJ29/11/06
7Judgment Part:1 of 1
Result: Directions for parties to confer
Question of further directions in relation to pleading be reviewed at a later
date
The time within which an application to strike out the statement of claim be
extended
Other pre-trial directions made
Costs reserved
B
PDF Version
Parties:BARCLAY MOWLEM CONSTRUCTION LTD
DAMPIER PORT AUTHORITY
STEPHEN NICHOLSON

Catchwords:

Practice and procedure
Circumstance in which Court will entertain objection to pleadings and argument in relation to particulars
Pre-trial case management
Case management techniques and pre-trial directions
Contemporary purposes of pleadings
Objections
Provision of particulars
Obligation to confer

Legislation:

Nil

Case References:

Nil
Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : BARCLAY MOWLEM CONSTRUCTION LTD -v- DAMPIER PORT AUTHORITY & ANOR [2006] WASC 281 CORAM : MARTIN CJ HEARD : 30 NOVEMBER 2006 DELIVERED : 30 NOVEMBER 2006 FILE NO/S : CIV 1389 of 2006 BETWEEN : BARCLAY MOWLEM CONSTRUCTION LTD
    Plaintiff

    AND

    DAMPIER PORT AUTHORITY
    First Defendant

    STEPHEN NICHOLSON
    Second Defendant

Catchwords:

Practice and procedure - Circumstance in which Court will entertain objection to pleadings and argument in relation to particulars - Pre-trial case management - Case management techniques and pre-trial directions - Contemporary purposes of pleadings - Objections - Provision of particulars - Obligation to confer

Legislation:

Nil


(Page 2)



Result:

Directions for parties to confer


Question of further directions in relation to pleading be reviewed at a later date
The time within which an application to strike out the statement of claim be extended
Other pre-trial directions made
Costs reserved

Category: B


Representation:

Counsel:


    Plaintiff : Mr C J Colvin SC
    First Defendant : Mr S R Boyle
    Second Defendant : No appearance

Solicitors:

    Plaintiff : Mallesons Stephen Jaques
    First Defendant : Clayton Utz
    Second Defendant : No appearance



Case(s) referred to in judgment(s):

Nil

Case(s) also cited:



Nil

(Page 3)

1 MARTIN CJ: The only aspect of the applications that are before me that are contested today is the plaintiff's application for orders that:

    1. previous case management orders made by the case managing Registrar be varied so that the solicitors for the plaintiff be relieved from conferring with the solicitors for the defendant in relation to the written objections to the amended substituted statement of claim dated 1 November 2006; and

    2. that by 8 December 2006, the defendant provide to the plaintiff revised written objections to the statement of claim setting out in a succinct form the primary reasons why the defendant says the statement of claim does not disclose a reasonable cause of action and/or why the statement of claim is not in a form which the defendant can plead to and that thereafter the practitioners orally confer in relation to…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Barclay Mowlem Construction Ltd v Dampier Port Authority and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2006] WASC 281
Decision Date

CaseChat Overview and Summary

Barclay Mowlem Construction Ltd brought proceedings against the Dampier Port Authority and Stephen Nicholson. The case involved a dispute over the adequacy of the plaintiff's statement of claim. The case was heard by the Supreme Court of Western Australia, presided over by Martin CJ. The primary legal issues before the court were the proper approach to addressing and resolving disputes over the adequacy of a statement of claim in the context of contemporary case management practices.

Martin CJ emphasized the importance of considering the contemporary purposes of pleadings and the role of pre-trial case management in defining issues and appraising parties of the case to be met. The court noted that in the current case management environment, where extensive pre-trial disclosures are mandated, the court should be cautious about expending resources on technical pleadings disputes that do not significantly impact trial preparation. The court found many of the defendant's objections to be pedantic and not conducive to efficient case resolution.

The court decided to encourage the parties to confer through their counsel to identify and resolve substantial objections to the statement of claim. It directed that the time within which an application to strike out the statement of claim could be made be extended and that further directions regarding the pleading would be reviewed at a later date. The court's orders included a direction for the parties to confer in light of the reasons provided, with a review of further directions set for a future date.

Martin CJ's decision aimed to balance the need for clear and concise pleadings with the practical realities of complex litigation, emphasizing the importance of focusing on substantive issues rather than technicalities. The court reserved costs and set a future date for reviewing further directions regarding the pleading.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.