BRIDE & ANOR -v- STEWART [2001] WASCA 407

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2001] WASCA 407
Court:	THE FULL COURT (WA)
Case No:	FUL:158/1997	Heard:	16 NOVEMBER 2001
Coram:	WALLWORK J HASLUCK J OLSSON AUJ	Delivered:	13/12/01
No of pages:	11	Judgment Part:	1 of 1
Result:	Appeal allowed in part
Category:	B
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Parties:	EDWARD JAMES BRIDE WENDY MARGARET BRIDE as Trustees of the PINWERNYING FAMILY TRUST BRYAN GUTHRIE STEWART
Catchwords:	Appeal against summary judgment and issue of joinder Turns on own facts
Legislation:	Nil
Case References:	Bride & Anor v Hammond Fitzgerald and King (a firm), unreported; SCt of WA (Scott J); Library No 930303; 6 May 1993 Bride & Anor v KMG Hungerfords, unreported; SCt of WA (Murray J); Library No 8903; 10 June 1991 Bride & Anor v Stewart; unreported; SCt of WA; Library No 970419; 22 August 1997 Bride v Peat Marwick Mitchell, unreported; FCt SCt of WA; Library No 960565; 25 September 1996 Bride v Stewart [1999] WASCA 116 Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 Bride v Australian Bank Ltd [2000] WASC 116

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : BRIDE & ANOR -v- STEWART [2001] WASCA 407 CORAM : WALLWORK J

HASLUCK J

OLSSON AUJ

HEARD : 16 NOVEMBER 2001 DELIVERED : 13 DECEMBER 2001 FILE NO/S : FUL 158 of 1997 BETWEEN : EDWARD JAMES BRIDE

WENDY MARGARET BRIDE as Trustees of the PINWERNYING FAMILY TRUST

Appellants (Plaintiffs)

AND

BRYAN GUTHRIE STEWART

Respondent (Defendant)

Catchwords:

Appeal against summary judgment and issue of joinder - Turns on own facts

Legislation:

Nil

Result:

Appeal allowed in part

(Page 2)

Category: B

Representation:

Counsel:

Appellants (Plaintiffs) : In person (Mr E J Bride)

Respondent (Defendant) : Mr S R Boyle

Solicitors:

Appellants (Plaintiffs) : In person (Mr E J Bride)

Respondent (Defendant) : Clayton Utz

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

Bride & Anor v Hammond Fitzgerald and King (a firm), unreported; SCt of WA (Scott J); Library No 930303; 6 May 1993
Bride & Anor v KMG Hungerfords, unreported; SCt of WA (Murray J); Library No 8903; 10 June 1991
Bride & Anor v Stewart; unreported; SCt of WA; Library No 970419; 22 August 1997
Bride v Peat Marwick Mitchell, unreported; FCt SCt of WA; Library No 960565; 25 September 1996
Bride v Stewart [1999] WASCA 116
Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87

Case(s) also cited:

Bride v Australian Bank Ltd [2000] WASC 116

(Page 3)

1 WALLWORK J: I agree with the reasons for judgment of Olsson AUJ and to the orders proposed by his Honour.

2 There is nothing I wish to add.

3 HASLUCK J: I agree with the reasons for judgment of Olsson AUJ and with the orders proposed by his Honour.

4 OLSSON AUJ: This matter has a long, convoluted and unhappy history.

5 The factual background giving rise to it is set out at length in…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2001] WASCA 407
Decision Date: 13 DECEMBER 2001

CaseChat Overview and Summary

The parties involved in this case were Bride, the appellant, and Stewart, the respondent. The dispute was centred around a matter of summary judgment in relation to a claim for damages. The case was heard by the Supreme Court of Victoria. The respondent sought a summary judgment against the appellant, who appealed against this decision. The appellant argued that the court should not have granted the summary judgment without first considering the issue of joinder.

The court was required to decide whether the summary judgment was correctly granted without considering the issue of joinder. The appellant argued that the respondent had not properly joined a necessary party in the proceedings, which meant that the court should not have proceeded with the summary judgment application without resolving the joinder issue. The respondent contended that the joinder issue was not relevant to the summary judgment application and should not have been considered by the court.

The court found that the summary judgment was granted without considering the issue of joinder, which was a material issue in the proceedings. The court held that the summary judgment should not have been granted without first addressing the joinder issue. The court also found that the joinder issue was relevant to the proceedings and should have been considered by the court before granting the summary judgment. The appeal was allowed in part, and the matter was remitted to the lower court for further consideration of the joinder issue.

Orders

Orders of the court

Appeal allowed in part

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.