Bristile Ltd v The Buddhist Society of Western Australia Inc

The Supreme Court of Western Australia was asked to consider three applications in the matter of Bristile Ltd v The Buddhist Society of Western Australia Inc & Anor. The first application was made by the second defendant, iiNet Ltd, seeking leave to issue a third party notice. The second application was made by the first defendant, The Buddhist Society of Western Australia Inc, to set aside the second defendant's amended contribution notice. The third application was made by the second defendant seeking leave to amend the contribution notice. The court had to decide whether to grant leave to issue a third party notice, whether to set aside the second defendant's amended contribution notice, and whether to grant leave to amend the contribution notice.

The court held that the second defendant's application for leave to issue a third party notice was brought very late without any satisfactory reason for the delay. The court also held that the first defendant's application to set aside the second defendant's amended contribution notice should be granted as the notice was filed without leave and was thus incompetent. The court held that the second defendant's application for leave to amend the contribution notice should be refused as the court was not satisfied that a proper memorandum had been filed, nor was the appropriate conferral between the parties established.

The court refused the second defendant's application for leave to issue a third party notice. The court granted the first defendant's application to set aside the second defendant's amended contribution notice. The court refused the second defendant's application for leave to amend the contribution notice.