Chua v WANG

The case of Chua and Anor v Wang and Anor was heard by Master Sanderson in the Supreme Court of Western Australia. The plaintiffs, Anna Chua and Agnes Tan Kee Hong, sought an account of the affairs of a partnership they claimed to have with the defendants, Jonathan Sin Yeok Wang and Irene Wong. The defendants sought leave to bring a summary judgment application out of time and to waive the requirement of O 59 r 9 of the Rules of the Supreme Court 1971. The main issues before the court were whether the defendants were entitled to bring the summary judgment application out of time, whether the defendants had complied with the requirement of O 59 r 9, and whether the plaintiffs could establish the existence of a partnership.

Master Sanderson found that the defendants had not acted promptly in making the summary judgment application and that the explanation for the delay was inadequate. The court also found that the defendants' solicitors had done enough to attempt conferral with the plaintiffs' solicitors and that there was no failure to comply with O 59 r 9. With respect to the summary judgment application, the court held that it was possible to discern all three elements of a partnership from the pleaded case and that it was at least arguable that the plaintiffs could establish the existence of a partnership. Therefore, the court dismissed the defendants' application for summary judgment.

Master Sanderson ordered that the plaintiffs and defendants would be heard as to the precise form of orders and as to costs. The court did not grant leave to the defendants to bring the summary judgment application out of time and did not waive the requirement of O 59 r 9. However, the court found that the plaintiffs could potentially establish the existence of a partnership and dismissed the defendants' application for summary judgment.