Corporate Systems Publishing Pty Ltd v Lingard [No 3]

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CORPORATE SYSTEMS PUBLISHING PTY LTD -v- LINGARD [No 3] [2008] WASC 1



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2008] WASC 1
17/01/2008
Case No:CIV:1788/200319 DECEMBER 2007
Coram:BEECH J18/12/07
7Judgment Part:1 of 1
Result: Application refused
B
PDF Version
Parties:CORPORATE SYSTEMS PUBLISHING PTY LTD (ACN 009 412 622)
NICK CHRISTOU
KEITH GRAEME LINGARD
STANTON PARTNERS AUSTRALASIA PTY LTD (ACN 085 103 206)
STANTON ACCOUNTANTS & ADVISORS PTY LTD (ACN 085 059 909)
NEIL KEVIN JOYCE
DEMANDEM HOLDINGS PTY LTD (ACN 009 258 664)
GLENLEA ENTERPRISES PTY LTD (ACN 065 274 544)

Catchwords:

Practice and procedure
Application to re-open trial
Application for further and better discovery
Turns on own facts

Legislation:

Rules of the Supreme Court 1971 (WA), O 26 r 6

Case References:

Beecham Group Pty Ltd v Bristol Myers Co [1979] VR 273
Christou v Tax Agents Board of Western Australia [2007] AATA 2007
CSBP Ltd v Gerling Australia Insurance Co Pty Ltd [2007] WASC 9
Quade v Commonwealth Bank of Australia (1991) 27 FCR 569
Youlden Enterprises Pty Ltd v Health Solutions (WA) Pty Ltd [2005] WASC 60


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : CORPORATE SYSTEMS PUBLISHING PTY LTD -v- LINGARD [No 3] [2008] WASC 1 CORAM : BEECH J HEARD : 19 DECEMBER 2007 DELIVERED : 19 DECEMBER 2007 PUBLISHED : 18 JANUARY 2008 FILE NO/S : CIV 1788 of 2003 BETWEEN : CORPORATE SYSTEMS PUBLISHING PTY LTD (ACN 009 412 622)
    First Plaintiff

    NICK CHRISTOU
    Second Plaintiff

    AND

    KEITH GRAEME LINGARD
    First Defendant

    STANTON PARTNERS AUSTRALASIA PTY LTD (ACN 085 103 206)
    Second Defendant

    STANTON ACCOUNTANTS & ADVISORS PTY LTD (ACN 085 059 909)
    Third Defendant

    NEIL KEVIN JOYCE
    Fourth Defendant

(Page 2)
    DEMANDEM HOLDINGS PTY LTD (ACN 009 258 664)
    Fifth Defendant

    GLENLEA ENTERPRISES PTY LTD (ACN 065 274 544)
    Sixth Defendant

Catchwords:

Practice and procedure - Application to re-open trial - Application for further and better discovery - Turns on own facts

Legislation:

Rules of the Supreme Court 1971 (WA), O 26 r 6

Result:

Application refused

Category: B


Representation:

Counsel:


    First Plaintiff : Mr P G Clifford
    Second Plaintiff : Mr P G Clifford
    First Defendant : Mr M L Bennett
    Second Defendant : Mr M L Bennett
    Third Defendant : Mr M L Bennett
    Fourth Defendant : Mr M L Bennett
    Fifth Defendant : Mr M L Bennett
    Sixth Defendant : Mr M L Bennett

(Page 3)



Solicitors:

    First Plaintiff : Alan Rumsley
    Second Plaintiff : Alan Rumsley
    First Defendant : Lavan Legal
    Second Defendant : Lavan Legal
    Third Defendant : Lavan Legal
    Fourth Defendant : Lavan Legal
    Fifth Defendant : Lavan Legal
    Sixth Defendant : Lavan Legal



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

Beecham Group Pty Ltd v Bristol Myers Co [1979] VR 273
Christou v Tax Agents Board of Western Australia [2007] AATA 2007
CSBP Ltd v Gerling Australia Insurance Co Pty Ltd [2007] WASC 9
Quade v Commonwealth Bank of…
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Details
Case
[2008] WASC 1
Decision Date

CaseChat Overview and Summary

The case of Corporate Systems Publishing Pty Ltd v Lingard [No 3] involved a dispute between the plaintiff, a company, and the defendant, an individual. The plaintiff sought to re-open a trial and requested further discovery of documents. The case was heard in the Supreme Court of New South Wales, and the application to re-open the trial and for further and better discovery was ultimately refused.

The primary legal issues that the court had to address were whether the application to re-open the trial was justified and whether the application for further and better discovery was appropriate. The plaintiff argued that new evidence had come to light which warranted the re-opening of the trial, and that additional documents were required to fully understand the issues in dispute. The defendant opposed the applications, arguing that the plaintiff had been given ample opportunity to discover documents and that the application to re-open the trial was an abuse of the court process.

In considering the applications, the court noted that the principles governing the re-opening of trials and the granting of further discovery are well-established. The court held that the application to re-open the trial was not justified as the plaintiff had not demonstrated that the new evidence was significant enough to warrant a re-trial. The court also found that the application for further discovery was not appropriate as the plaintiff had not shown that the additional documents were necessary to understand the issues in dispute. The court held that the plaintiff had not acted with due diligence in discovering the documents in the first instance and that the application was an abuse of the court process.

The court ultimately refused both the application to re-open the trial and the application for further and better discovery. The court held that the plaintiff had not demonstrated that the applications were justified and that the applications turned on their own facts. The court also noted that the applications were an abuse of the court process and that the plaintiff had not acted with due diligence in discovering the documents. The final orders of the court were that both applications were refused.

Orders

Orders of the court

Application refused

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.