BOASE -v- AXIS INTERNATIONAL MANAGEMENT PTY LTD [2009] WASC 331
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2009] WASC 331 | |
| Case No: | CIV:1709/2008 | ON THE PAPERS | |
| Coram: | BEECH J | 12/11/09 | |
| 10 | Judgment Part: | 1 of 1 | |
| Result: | Paragraph 12 of the statement of claim struck out with leave to replead | ||
| B | |||
| PDF Version |
| Parties: | T BOASE & J L BOASE ATF THE BOASE SUPER FUND T BOASE & J L BOASE ATF THE BOASE FAMILY TRUST AXIS INTERNATIONAL MANAGEMENT PTY LTD (ACN 075 799 772) SAGECORP SECURITIES PTY LTD (ACN 096 562 266) QUENTIN PHILLIP O'DOHERTY WARD ANGELO DEL BORELLO GAVIN HAWKINS DAVID MORTIMER MORGAN ALTERUTHEMEYER COMMERCIAL LAWYERS & MIGRATION AGENTS |
Catchwords: | Practice and procedure Pleadings Application to strike out part of statement of claim Turns on own facts |
Legislation: | Rules of the Supreme Court 1971 (WA) O 20 r 19 |
Case References: | Barclay Mowlem Construction Ltd v Dampier Port Authority [2006] WASC 281; (2006) 33 WAR 82 Breen v Williams [1996] HCA 57; (1996) 186 CLR 71 Hospital Products Ltd v United States Surgical Corporation [1984] HCA 64; (1984) 156 CLR 41 Joyce v Palassis [2008] WASCA 151 Joyce v Palassis [No 5] [2009] WASC 6 Kimberley Downs Pty Ltd v Western Australia (Unreported, WASC, Library No 6414, 25 August 1986) MacMahon Contractors Pty Ltd v Woodside Energy Ltd [2008] WASC 271 Pilmer v Duke Group Ltd (in liq) [2001] HCA 31; (2001) 207 CLR 165 The Bell Group Ltd (in liq) v Westpac Banking Corporation [No 9] [2008] WASC 239 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- First Plaintiffs
T BOASE & J L BOASE ATF THE BOASE FAMILY TRUST
Second Plaintiffs
AND
AXIS INTERNATIONAL MANAGEMENT PTY LTD (ACN 075 799 772)
First Defendant
SAGECORP SECURITIES PTY LTD (ACN 096 562 266)
Second Defendant
QUENTIN PHILLIP O'DOHERTY WARD
Third Defendant
ANGELO DEL BORELLO
Fourth Defendant
GAVIN HAWKINS
Fifth Defendant
- DAVID MORTIMER
Sixth Defendant
MORGAN ALTERUTHEMEYER COMMERCIAL LAWYERS & MIGRATION AGENTS
Seventh Defendant
Catchwords:
Practice and procedure - Pleadings - Application to strike out part of statement of claim - Turns on own facts
Legislation:
Rules of the Supreme Court 1971 (WA) O 20 r 19
Result:
Paragraph 12 of the statement of claim struck out with leave to replead
Category: B
(Page 3)
Representation:
Counsel:
First Plaintiffs : No appearance
Second Plaintiffs : No appearance
First Defendant : No appearance
Second Defendant : No appearance
Third Defendant : No appearance
Fourth Defendant : No appearance
Fifth Defendant : No appearance
Sixth Defendant : No appearance
Seventh Defendant : No appearance
Solicitors:
First Plaintiffs : In person
Second Plaintiffs : In person
First Defendant : Clavey Legal
Second…
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- Case
- [2009] WASC 331
- Decision Date
CaseChat Overview and Summary
The court examined the relevant legal principles and held that the function of pleadings is to provide fair notice of the case to be met. While the court acknowledged the importance of allowing parties to amend their pleadings, it also emphasised the need for pleadings to meet certain standards of certainty and clarity. The court found that paragraph 12 did not sufficiently disclose the basis of the claim, and that it was vague and uncertain. However, the court was satisfied that the plaintiff could replead the claim with sufficient particulars, and granted leave for the plaintiff to amend the statement of claim within a specified timeframe. The court struck out paragraph 12, but allowed the plaintiff to replead.
The court ordered that paragraph 12 of the statement of claim be struck out, but granted the plaintiff leave to amend the pleading within 28 days of the judgment. The court further ordered that if the plaintiff failed to file an amended statement of claim within the specified timeframe, the defendant's application to strike out the entire statement of claim would be allowed.
Orders
Orders of the court
Paragraph 12 of the statement of claim struck out with leave to replead
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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