Commodore Homes WA Pty Ltd v Goldenland Australia Property Pty Ltd & Anor

The case involves Commodore Homes WA Pty Ltd (plaintiff) and Goldenland Australia Property Pty Ltd & Anor (defendants). The dispute concerns the validity of a contract and the possibility of the plaintiff repleading its statement of claim after the defendants sought to strike it out. The matter was heard in the Supreme Court of Western Australia.

The legal issues the court had to address were whether facts occurring after the formation of a contract are material to an alleged mistake in the contract's formation and whether a party to a contract can waive all its rights under the contract. The defendants argued that certain facts occurring post-contract were irrelevant to the mistake in the contract's formation and sought to strike out portions of the plaintiff's statement of claim. The plaintiff sought leave to replead and objected to the application to strike out.

The court found that the facts occurring after the contract's formation were relevant to the plaintiff's claim of mistake, and the application to strike out was dismissed. The court held that the plaintiff could replead, subject to certain conditions. The court also found that the plaintiff could waive all its rights under the contract, but it was not necessary to decide this issue as the plaintiff had not done so. The application under Order 37 rule 7 was dismissed as the plaintiff had no point of principle to argue.

The court ordered that paragraphs 21 to 33 of the statement of claim be struck out, with leave to replead. The application under Order 37 rule 7 was dismissed.