CHANTEC PTY LTD -v- COMGROUP SUPPLIES PTY LTD [2001] WASCA 238
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2001] WASCA 238 | |
| THE FULL COURT (WA) | |||
| Case No: | FUL:195/2000 | 20 JULY 2001 | |
| Coram: | ANDERSON J McKECHNIE J ROBERTS-SMITH J | 20/07/01 | |
| 5 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed | ||
| A | |||
| PDF Version |
| Parties: | CHANTEC PTY LTD (ACN 009 314 836) COMGROUP SUPPLIES PTY LTD (ACN 008 732 465) |
Catchwords: | Court and Judges Courts Remitting and transferring actions Summary judgment in District Court for damages to be assessed Damages particularised in a sum greatly exceeding jurisdiction Power to remit to Supreme Court Discretion |
Legislation: | District Court Act, s 50(1), s 77, s 78 |
Case References: | Trimble v Piggott (1995) 14 WAR 329 Commonwealth v Verwayen (1990) 170 CLR 394 Ex parte Sadler; Re Cemac Modular Constructions Pty Ltd [1973] 1 NSWLR 263 Immer (No 145) Pty Ltd v Uniting Church in Australia Property Trust (NSW) (1993) 182 CLR 26 Karageorge v Deputy Commissioner of Taxation [1999] NSWSC 1009 Khoury v Government Insurance Office (NSW) (1984) 165 CLR 622 Sargent v ASL Developments Ltd (1974) 131 CLR 634 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : CHANTEC PTY LTD -v- COMGROUP SUPPLIES PTY LTD [2001] WASCA 238 CORAM : ANDERSON J
- McKECHNIE J
ROBERTS-SMITH J
- Appellant (Plaintiff)
AND
COMGROUP SUPPLIES PTY LTD (ACN 008 732 465)
Respondent (Defendant)
Catchwords:
Court and Judges - Courts - Remitting and transferring actions - Summary judgment in District Court for damages to be assessed - Damages particularised in a sum greatly exceeding jurisdiction - Power to remit to Supreme Court - Discretion
Legislation:
District Court Act, s 50(1), s 77, s 78
(Page 2)
Result:
Appeal allowed
Category: A
Representation:
Counsel:
Appellant (Plaintiff) : Mr C L Zelestis QC
Respondent (Defendant) : Mr C J L Pullin QC & Mr S Penglis
Solicitors:
Appellant (Plaintiff) : Griffiths & Godecke
Respondent (Defendant) : Freehills
Case(s) referred to in judgment(s):
Trimble v Piggott (1995) 14 WAR 329
Case(s) also cited:
Commonwealth v Verwayen (1990) 170 CLR 394
Ex parte Sadler; Re Cemac Modular Constructions Pty Ltd [1973] 1 NSWLR 263
Immer (No 145) Pty Ltd v Uniting Church in Australia Property Trust (NSW) (1993) 182 CLR 26
Karageorge v Deputy Commissioner of Taxation [1999] NSWSC 1009
Khoury v Government Insurance Office (NSW) (1984) 165 CLR 622
Sargent v ASL Developments Ltd (1974) 131 CLR 634
(Page 3)
1 ANDERSON J: This is an appeal by leave from an order of a District Court Judge dismissing an application under s 77 of the District Court Act to remit an action to this Court. It is an action for damages for breach of contract for the supply of tomatoes. The appellant was the supplier. In the…
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- Case
- [2001] WASCA 238
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Supreme Court was whether it had the discretion to remit the matter back to the District Court for the assessment of damages, given that the particularised damages claim exceeded the District Court's jurisdiction. The court also needed to determine whether any factors justified exercising its discretion to remit the case, considering the circumstances and the procedural history of the matter.
The Supreme Court held that it did indeed have the discretion to remit the matter back to the District Court for the assessment of damages. The court noted that while the usual approach would be to remit the matter, there are exceptional circumstances where it may be appropriate to retain the case in the Supreme Court. However, in this instance, the court found that the case should be remitted back to the District Court. The Supreme Court considered factors such as the procedural history, the nature of the claims, and the appropriateness of the District Court handling the assessment of damages. The court determined that these factors did not warrant retaining the case in the Supreme Court.
Consequently, the appeal was allowed, and the matter was remitted back to the District Court for the assessment of damages. The Supreme Court's decision highlighted the importance of jurisdictional limits and the discretionary power to remit cases where appropriate.
Orders
Orders of the court
Appeal allowed
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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