Chesson v Green

The case of Chesson v Green was heard by the Supreme Court of Western Australia. The dispute between the parties centred on the applicant's request for an extension of time to comply with a self-executing order concerning the service of a writ, which had ultimately led to the writ being struck out. The case involved an application by the applicant, Chesson, to extend the time for serving the writ after it had already been struck out due to non-compliance with the court's order.

The legal issues the court needed to address included whether the Master had the jurisdiction to grant an extension of time under Rule 5 of the Rules of the Supreme Court and what test should be applied in deciding whether to grant such an extension. The court had to determine if the applicant's failure to comply with the order was intentional or due to extraneous circumstances, and if the extension could be granted considering the principles of positive case flow management and the interests of justice.

In delivering the judgment, the court first confirmed the Master's jurisdiction to grant an extension of time, relying on the High Court's decision in FAI General Insurance Co Ltd v Southern Cross Exploration NL. The court then applied the test set out by the Vice-Chancellor in Re Jokai Tea Holdings Ltd, which considered whether the failure to comply with the order was intentional and contumelious. The court noted that if the failure was due to extraneous circumstances and not intended to flout the order, it might not be treated as contumelious. However, despite acknowledging the test, the Master declined to grant the extension. The court further elaborated on the principles of positive case flow management and the importance of parties complying with court orders, highlighting that delay generally prejudices the opponent and it is fundamental in the interests of justice for parties to comply with orders when they are made.

The final orders of the court were that the application for an extension of time was dismissed, and the writ remained struck out.