JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: BEESON -v- METROPOLITAN CEMETERIES BOARD [2022] WASC 438
CORAM: STRK J
HEARD: 2 DECEMBER 2022
DELIVERED : 2 DECEMBER 2022
PUBLISHED : 14 DECEMBER 2022
FILE NO/S: CIV 2278 of 2022
BETWEEN: ANTHONY RICHDALE BEESON
First Plaintiff
ROBYN MARY TEEDE
Second Plaintiff
AND
METROPOLITAN CEMETERIES BOARD
First Defendant
ALYSSA PAULINA ESTHER ANGWIN
Second Defendant
Catchwords:
Equity - Urgent ex parte application for interlocutory injunction - Whether the plaintiffs established a serious question to be tried - Whether the balance of convenience favoured injunctive relief - Grant of interim interlocutory relief - Turns on own facts
Legislation:
Cemeteries Act 1986 (WA)
Coroners Act 1996 (WA)
Cremation Act 1929 (WA)
Result:
Interim interlocutory injunction granted
Category: B
Representation:
Counsel:
| First Plaintiff | : | LS Clemens |
| Second Plaintiff | : | LS Clemens |
| First Defendant | : | No appearance |
| Second Defendant | : | No appearance |
Solicitors:
| First Plaintiff | : | HHG Legal Group |
| Second Plaintiff | : | HHG Legal Group |
| First Defendant | : | No appearance |
| Second Defendant | : | No appearance |
Cases referred to in decision:
Action Cycles Pty Ltd v Ross [2011] VSCA 411
Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57
Beecham Group Ltd v Bristol Laboratories Pty Ltd [1968] HCA 1; (1968) 118 CLR 618
Hancock Prospecting Pty Ltd v DFD Rhodes Pty Ltd [2020] WASCA 77; (2020) 55 WAR 435
Heavener v Loomes [1924] HCA 10; (1924) 34 CLR 306
Leese v Shire of Harvey [2021] WASC 478
McCarty v The Council of the Municipality of North Sydney (1918) 18 SR (NSW) 210
Milenkovic v McConnell [2013] WASC 421
Mineralogy Pty Ltd v Sino Iron Pty Ltd [2016] WASCA 105
Morara Pty Ltd v Kingslane Property Investments Pty Ltd [2019] WASC 136
Price v Metropolitan Cemeteries Board [2015] WASC 501
R v MacFarlane; Ex parte O'Flanagan and O'Kelly [1923] HCA 39; (1923) 32 CLR 518
Samsung Electronics Company Ltd v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238
Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 2] [2017] WASCA 76; (2017) 55 WAR 36
Smith v Tamworth City Council (1997) 41 NSWLR 680
Twinside Pty Ltd v Venetian Nominees Pty Ltd [2008] WASC 110
Table of Contents
Overview
Factual basis for the application
Evidence of first plaintiff
Evidence of Ms Martin
The principles in relation to the grant of interlocutory injunctions
The plaintiffs' submissions
Disposition
Schedule A - Indorsement of claim
STRK J:
(This judgment was delivered extemporaneously on 2 December 2022 and has been edited from the transcript).
Overview
On 2 December 2022, the plaintiffs, Anthony Richdale Beeson and Robyn Mary Teede, brought an application by chamber summons seeking urgent ex parte interlocutory relief restraining the first defendant, the Metropolitan Cemeteries Board (the Board), from releasing the ashes of Stephen Craig Beeson (the deceased) to the second defendant, Alyssa Paulina Esther Angwin, or her agent or any other third party directed by…
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- AGLC
- Beeson v Metropolitan Cemeteries Board [2022] WASC 438
- Case
- [2022] WASC 438
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the plaintiffs had demonstrated a strong likelihood of success on the merits of their claim and whether, if successful, the balance of convenience favoured granting the injunction. The plaintiffs argued that the cemetery was of historical and cultural significance, and its destruction would cause irreparable harm to the community and to their rights as descendants of the deceased interred there. The defendants contended that the development was necessary for public purposes and that the balance of convenience did not favour injunctive relief.
In delivering the judgment, the court considered the established principles of equity and the unique circumstances of the case. The court held that the plaintiffs had demonstrated a serious question to be tried, as there was a significant possibility that the cemetery's destruction would cause irreparable harm to the community and infringe upon their rights. The court also found that the balance of convenience favoured granting the injunction, as the potential harm to the plaintiffs outweighed the benefits of the development project. Consequently, the court granted the plaintiffs' application for an interim interlocutory injunction, preventing the defendants from proceeding with the development until the matter was fully heard and determined.
The court's final orders included granting the plaintiffs an interim interlocutory injunction to prevent the defendants from proceeding with the development project and directing the parties to appear before the court for a full hearing on the merits of the case. The court emphasised that the grant of the injunction was based on the specific facts of the case and did not set a precedent for future cases with different circumstances.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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