Cheng v Bullseye Mining Ltd [No 2] - [2024] WADC 21

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CHAMBERS

LOCATION:   PERTH
CITATION:   CHENG -v- BULLSEYE MINING LTD [No 2] [2024] WADC 21
CORAM:   REGISTRAR JEYAMOHAN
HEARD:   22 FEBRUARY 2024
DELIVERED          :   12 APRIL 2024
FILE NO/S:   CIV 1987 of 2020
BETWEEN:   SAM CHENG
Plaintiff (First defendant by counterclaim)
AND
BULLSEYE MINING LTD
Defendant (Plaintiff by counterclaim)
AND
BRETT CLARK
Fifth defendant by counterclaim
AND
DOONBEG CAPITAL PTY LTD
Sixth defendant by counterclaim

Catchwords:

Practice and procedure - Pleading - Application to strike out paragraphs in the counterclaim - Whether pleas of conspiracy to harm by either unlawful means or alternatively lawful means should be struck out - Turns on own facts

Legislation:

Rules of the Supreme Court 1971 (WA), O 1 r 4B, O 20 r 19(1), O 20 r 19(3)
Supreme Court Act 1935 (WA)

Result:

Application granted - paragraphs struck out

Representation:

Counsel:

Plaintiff (First defendant by counterclaim)	:	Mr M C Goldblatt
Defendant (Plaintiff by counterclaim)	:	Mr M L Bennett
Fifth defendant by counterclaim	:	Mr C S Williams
Sixth defendant by counterclaim	:	Mr C S Williams

Solicitors:

Plaintiff (First defendant by counterclaim)	:	Bennett
Defendant (Plaintiff by counterclaim)	:	MPH Lawyers
Fifth defendant by counterclaim	:	Solomon Brothers
Sixth defendant by counterclaim	:	Solomon Brothers

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

British American Tobacco Australia Ltd v Gordon [No 3] [2009] VSC 619
CC Containers Pty Ltd v Lee [2011] VSC 537
Chong v CC Containers Pty Ltd [2015] VSCA 137
DFD Rhodes Pty Ltd v Hancock Prospecting Pty Ltd [2022] WASCA 97
English v Vantage Holdings Group Pty Ltd [2021] WASCA 47
Ex parte Coffey; Re Evans [1971] 1 NSWLR 434
Fatimi Pty Ltd v Bryant [2004] NSWCA 140; (2004) 59 NSWLR 678
Interstar Pty Ltd v Halston Capital Pty Ltd [2022] WASC 105
Kingsfield Holdings Pty Ltd v Sullivan Commercial Pty Ltd [2021] WASC 289
National Australia Bank Ltd v Rowe [2018] WASC 330
Poland v Hedley [No 2] [2020] WASC 203
Poland v Hedley [No 5] [2023] WASC 294
Quinn v Leathem [1901] AC 495
Roseland Capital Pty Ltd v Neometals Ltd [2022] WASC 132
Rowe v National Australia Bank Ltd [2019] WASCA 140; (2019) 56 WAR 1
Vantage Holdings Group Pty Ltd v Donnelly [No 4] [2019] WASC 398

REGISTRAR JEYAMOHAN:

Summary

Bullseye Mining Ltd (Bullseye) is the defendant in the present action. By writ of summons filed 29 May 2020, the plaintiff (Cheng) claims the sum of $580,000; alternatively damages for breach of contract, interest and costs against Bullseye. Cheng's claim against Bullseye arises in respect of the following:
(a)a contract between Cheng and Bullseye by which capital raising and investor relations services were to be provided to Bullseye and by which Bullseye was to pay monthly fees to Cheng;
(b)Cheng providing and being ready, willing and able to provide the services; and
(c)Bullseye's breaches of contract by its failure or refusal to pay monthly fees since June 2018.
Cheng, in a statement of claim filed 30…

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.

Keep reading for free

Create a free CaseChat account to read Cheng v Bullseye Mining Ltd [No 2] and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2024] WADC 21
Decision Date: 12 APRIL 2024

CaseChat Overview and Summary

In the matter of Cheng v Bullseye Mining Ltd, the case presented before the Court involved a counterclaim by Bullseye Mining Ltd against Cheng, asserting claims of conspiracy to harm by either unlawful means or, alternatively, lawful means. The primary dispute centred around whether specific paragraphs in the counterclaim should be struck out due to their failure to disclose facts upon which the legal claims could be substantiated. The Court of Appeal was tasked with determining the validity of these claims.
The central legal issue before the Court was whether the counterclaim adequately disclosed facts that could substantiate the pleas of conspiracy to harm by either unlawful or lawful means. Bullseye Mining Ltd argued that the counterclaim sufficiently outlined the necessary facts, while Cheng contended that the allegations were vague and speculative, lacking the requisite detail to support a legal claim. The Court needed to assess whether the counterclaim met the necessary threshold for factual substantiation in line with legal standards.
The Court of Appeal found that the counterclaim did not sufficiently disclose facts that would substantiate the pleas of conspiracy to harm by either unlawful or lawful means. The Court held that the allegations were vague and speculative, lacking the necessary detail to support a legal claim. As a result, the Court granted the application to strike out the relevant paragraphs of the counterclaim. The Court emphasised the importance of ensuring that pleadings contain sufficient facts to substantiate the legal claims made, thereby ensuring that the proceedings remain fair and just for all parties involved.

Orders