CRAIG MOSTYN & CO PTY LTD -v- ATHERTON & ORS [2007] WADC 184
| DISTRICT COURT OF WESTERN AUSTRALIA | Citation No: | [2007] WADC 184 | |
| Case No: | CIV:181/2005 | 24 SEPTEMBER 2007 | |
| Coram: | STAVRIANOU DCJ | 25/10/07 | |
| PERTH | |||
| 13 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed | ||
| PDF Version |
| Parties: | CRAIG MOSTYN & CO PTY LTD FRANCIS JOHN ATHERTON JOSEPH ANTHONY MARTELLA TERRY MICHAEL FOGLIANI ALAN ROY HANCOCK PETER NORMAN WOOD JOHN ALAN MORRIS DEACONS |
Catchwords: | Practice Practice under the Rules of the Supreme Court of Western Australia Application by third party for summary judgment under O 16 Rules of the Supreme Court or to set aside third party notice under O19 r 6 Claims by defendant against solicitors under retainer, duty of care and Fair Trading Act 1987, s 10 Turns on own facts |
Legislation: | Fair Trading Act 1987 Trade Practices Act 1974 Rules of the Supreme Court 1971 |
Case References: | Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Graham Barclay Oysters Ltd v Ryan (2002) 211 CLR 540 Groom v Crocker [1939] 1 KB 194 Lindon v Commonwealth of Australia (No 2) (1996) 136 ALR 251 Minproc Ltd v Killinger [2001] WASC 347 Pegrum v Fatharly (1996) 14 WAR 92 Townsend & Anor v Roussety & Co (WA) Pty Ltd & Anor (2007) 33 WAR 321 Wickstead & Ors v Browne (1992) 30 NSWLR 1; (1993) 10 Leg Rep SL 2 |
JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
FRANCIS JOHN ATHERTON
JOSEPH ANTHONY MARTELLA
TERRY MICHAEL FOGLIANI
ALAN ROY HANCOCK
PETER NORMAN WOOD
JOHN ALAN MORRIS
Defendants
DEACONS
Third Party
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram : DEPUTY REGISTRAR HARMAN
Citation : [2007] WADC 133
(Page 2)
Catchwords:
Practice - Practice under the Rules of the Supreme Court of Western Australia - Application by third party for summary judgment under O 16 Rules of the Supreme Court or to set aside third party notice under O19 r 6 - Claims by defendant against solicitors under retainer, duty of care and Fair Trading Act 1987, s 10 - Turns on own facts
Legislation:
Fair Trading Act 1987
Trade Practices Act 1974
Rules of the Supreme Court 1971
Result:
Appeal allowed
Representation:
Counsel:
Plaintiff : No appearance
Defendants : Mr M F Rynne
Third Party : Mr S F Popperwell
Solicitors:
Plaintiff : Not applicable
Defendants : Tottle Partners
Third Party : Pynt & Partners
Case(s) referred to in judgment(s):
Demagogue Pty Ltd v Ramensky (1992) 39…
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- Case
- [2007] WADC 184
- Decision Date
CaseChat Overview and Summary
The court examined whether Craig Mostyn and Co Pty Ltd's claim against their own solicitors could proceed under the summary judgment rules or if the third-party notice was improperly served. The court determined that Craig Mostyn and Co Pty Ltd's claim was based on its own facts and could not be resolved by summary judgment. Furthermore, the court concluded that the third-party notice was validly served and that Craig Mostyn and Co Pty Ltd's claim against their own solicitors should proceed. The court allowed the appeal, finding that the third-party notice was appropriately served and that the claim against their own solicitors should be heard.
Orders
Orders of the court
Appeal allowed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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