CVW Group Holdings Pty Ltd v Addison

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CVW GROUP HOLDINGS PTY LTD -v- ADDISON [2011] WASC 267



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2011] WASC 267
Case No:CIV:3013/200931 MAY, 25 AUGUST 2011
Coram:LE MIERE J30/09/11
18Judgment Part:1 of 1
Result: Appeal allowed
B
PDF Version
Parties:CVW GROUP HOLDINGS PTY LTD
MARK FREDERICK ADDISON
CATHRINE LINDA BURKE
BURKE ADDISON & ASSOCIATES PTY LTD

Catchwords:
Practice and procedure
Appeal from Registrar
Application to set aside default judgment
Judgment result of springing order
Application for further and better discovery
Order 26 r 6 Rules of the Supreme Court 1971 (WA)
Inherent jurisdiction of court
Turns on own facts

Legislation:
Rules of the Supreme Court 1971 (WA), O 3 r 5, O 26 r 6, O 60A r 4, O 60A r 5, O 60A r 6
Supreme Court Act 1935 (WA), s 167(1)(c)

Case References:
Allesch v Maunz (2000) 203 CLR 172
Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175
Builders Licensing Board v Sperway Constructions (Syd) Pty Ltd (1976) 135 CLR 616
Compagnie Financiere et Commerciale du Pacifique v Peruvian Guano Co (1882) 11 QBD 55
FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 165 CLR 268
Fox v Percy (2003) 214 CLR 118
Freeman v Rabinov [1981] VR 539
Hancock Family Memorial Foundation Ltd v Fieldhouse (2005) 30 WAR 398
Harris v Caladine (1991) 172 CLR 84
Hytec Information Systems Ltd v Coventry City Council [1997] WLR 1666
MTQ Holdings Pty Ltd v Lynch [2007] WASC 49
Mulley v Manifold [1959] HCA 23; (1959) 103 CLR 341
Technomin Australia Pty Ltd v Xstrata Nickel Australasia Operations Pty Ltd [2010] WASC 218
Ward v Keet [No 3] [2010] WASC 71

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : CVW GROUP HOLDINGS PTY LTD -v- ADDISON [2011] WASC 267 CORAM : LE MIERE J HEARD : 31 MAY, 25 AUGUST 2011 DELIVERED : 30 SEPTEMBER 2011 FILE NO/S : CIV 3013 of 2009 BETWEEN : CVW GROUP HOLDINGS PTY LTD
    Plaintiff

    AND

    MARK FREDERICK ADDISON
    First Defendant

    CATHRINE LINDA BURKE
    Second Defendant

    BURKE ADDISON & ASSOCIATES PTY LTD
    Third Defendant

Catchwords:

Practice and procedure - Appeal from Registrar - Application to set aside default judgment - Judgment result of springing order - Application for further and better discovery - Order 26 r 6 Rules of the Supreme Court 1971 (WA) - Inherent jurisdiction of court - Turns on own facts


(Page 2)



Legislation:

Rules of the Supreme Court 1971 (WA), O 3 r 5, O 26 r 6, O 60A r 4, O 60A r 5, O 60A r 6


Supreme Court Act 1935 (WA), s 167(1)(c)

Result:

Appeal allowed

Category: B


Representation:

Counsel:


    Plaintiff : Mr B D Campbell
    First Defendant : Mr G D Cobby (31 May 2011) & Mr A C Quahe (25 August 11)
    Second Defendant : Mr G D Cobby (31 May 2011) & Mr A C Quahe…
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Details
Case
[2011] WASC 267
Decision Date

CaseChat Overview and Summary

In the case of CVW Group Holdings Pty Ltd v Addison, the plaintiff sought to enforce a default judgment obtained against the defendant in the Supreme Court of Western Australia. The dispute centred around the interpretation of a springing order contained within a contract, which the plaintiff argued had been breached by the defendant. The defendant contested the validity of the default judgment, asserting that the judgment was flawed due to a misinterpretation of the contract's terms.

The court was required to determine whether the default judgment, which resulted from the springing order, was correctly entered and if the defendant's application to set it aside should be allowed. Additionally, the court needed to consider whether the defendant's application for further and better discovery was valid and if it should be granted under Order 26 rule 6 of the Rules of the Supreme Court 1971 (WA). The inherent jurisdiction of the court to review and potentially set aside the default judgment also formed part of the legal issues.

The court examined the facts of the case and concluded that the default judgment was indeed a result of a misinterpretation of the contract's terms. The court found that the judgment was entered incorrectly, and the defendant's application to set it aside was justified. The court further determined that the application for further and better discovery was warranted, allowing the defendant to obtain the necessary documents to effectively defend the case. The inherent jurisdiction of the court was exercised to set aside the default judgment and to grant the application for further and better discovery. Consequently, the appeal was allowed.

The court ordered that the default judgment be set aside, and the application for further and better discovery be granted. The case was remitted back to the Registrar for further proceedings in accordance with the court's directions.

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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