Chivers v Perron Investments Pty Ltd

Link copied
Case Copied 10 min read
CHIVERS -v- PERRON INVESTMENTS PTY LTD & ORS [2003] WADC 243
Last Update:  11/11/2003
CHIVERS -v- PERRON INVESTMENTS PTY LTD & ORS [2003] WADC 243
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2003] WADC 243
Case No: CIV:1849/2001   Heard: 8 OCTOBER 2003
Coram: WILLIAMS DCJ   Delivered: 07/11/2003
Location: PERTH   Supplementary Decision:
No of Pages: 7   Judgment Part: 1 of 1
Result: Appeal dismissed
[Click here for Judgment in Adobe Acrobat Format ]
Parties: JACK CHIVERS
PERRON INVESTMENTS PTY LTD
JONES LANG LASALLE (WA) PTY LIMITED (ACN 008 767 762)
P & O BERKELEY CHALLENGE PTY LIMITED (ACN 000464 755)

Catchwords: Procedure Supreme Court procedure Rules of the Supreme Court, O 20, r 19 Appeal by third defendant/appellant against Registrar's refusal to strike out plaintiff's minute of proposed amended statement of claim
Legislation: Nil

Case References: Dalgety Australian Limited and Anor v De Vahl Rubin and Ors, FCt SCt of WA; Library No 5484; 24 August 1984
General Steel Industries Inc v Commissioner for Railways of NSW & Ors (1964) 112 CLR 125
Hospital Contribution Fund of Australia v Hunt (1983) 44 ALR 365
Kimberley Downs Pty Ltd and Ors v State of Western Australia, unreported; SCt of WA; Library No 6414; 25 August 1986
Niven & Anor v Grant & Ors (1903) 28 VLR 639
Packard & Ors v Transport Trading & Agency Co Ltd and Weir (1912) 14 WALR 191
Phillips v Phillips & Ors (1878) 4 QBD 127

Agar v Hyde [2000] 201 CLR 552
Bruce v Odhams Press Ltd [1936] 1 KB 697
Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520
Crimmins v Stevedoring Industry Finance Committee (1999) 2000 CLR 1
Dey v Victorian Railways Commissioners (1949) 78 CLR 62
Donoghue v Stevenson (Snail in the Bottlecase) [1932] AC 562
Dorset Yacht Co Ltd v Home Office [1970] AC 1004
Gordon v Tamworth Jockey Club Inc [2003] NSWCA 82
Graham Barclay Oysters Pty Ltd v Ryan [2002] 194 ALR 337
Hargrave v Goldman (1963) 110 CLR 40
Jaensch v Coffey (1984) 155 CLR 549
Kenny v Scholl (1905) 7 WALR 197
Kondis v State Transport Authority (1984) 154 CLR 672
Lonrho PLC v Fayed & Ors [1992] 1 AC 448
Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] 205 CLR 254
Perl Exporters v Camden London Borough Council [1984] 1 QB 342
Rubenstein v Truth & Sportsman & Sportsman [1960] VR 473
Smith v Leurs (1945) 70 CLR 256
Smith v Roman Catholic Archbishop of Perth [2001] WASC 86
Williamson v London & Northwest Railway Co (1879) 12 Ch D 787

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CHAMBERS
LOCATION : PERTH CITATION : CHIVERS -v- PERRON INVESTMENTS PTY LTD & ORS [2003] WADC 243 CORAM : WILLIAMS DCJ HEARD : 8 OCTOBER 2003 DELIVERED : 7 NOVEMBER 2003 FILE NO/S : CIV 1849 of 2001 BETWEEN : JACK CHIVERS
                  Plaintiff/Respondent

                  AND

                  PERRON INVESTMENTS PTY LTD
                  First Defendant

                  JONES LANG LASALLE (WA) PTY LIMITED (ACN 008 767 762)
                  Second Defendant
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Chivers v Perron Investments Pty Ltd 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
[2003] WADC 243
Decision Date

CaseChat Overview and Summary

Chivers v Perron Investments Pty Ltd involved an appeal by the third defendant against a Registrar's decision to refuse the striking out of the plaintiff's minute of proposed amended statement of claim. The plaintiff sought to amend the statement of claim, and the third defendant sought to have this motion dismissed. The court had to determine whether the Registrar was correct in declining to strike out the plaintiff's proposed amendment. The legal issues included whether the plaintiff's proposed amendment was permissible under the Rules of the Supreme Court, specifically Order 20, rule 19. The court had to consider whether the amendment would cause an unjust delay or prejudice to the third defendant, and if it had any merit.

The court examined the procedural rules and found that the plaintiff's proposed amendment did not unduly prejudice or delay the third defendant. The court concluded that the proposed amendment had a degree of merit, as it sought to clarify the plaintiff's case and did not introduce new causes of action. The court held that the Registrar's decision to refuse the striking out of the plaintiff's minute of proposed amended statement of claim was correct. As such, the appeal was dismissed, and the plaintiff was allowed to proceed with the amended statement of claim.

Orders

Orders of the court

Appeal dismissed

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.