De San Miguel v Ryanex Pty Ltd

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DE SAN MIGUEL -v- RYANEX PTY LTD [2003] WADC 147
Last Update:  02/07/2003
DE SAN MIGUEL -v- RYANEX PTY LTD [2003] WADC 147
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2003] WADC 147
  Published: 25/06/2003
Case No: CIV:1012/2000   Heard: 15 MAY 2003
Coram: REGISTRAR KINGSLEY   Delivered: 25/06/2003
Location: PERTH   Supplementary Decision:
No of Pages: 8   Judgment Part: 1 of 1
Result: Application allowed - Judgment entered for the defendant
[Click here for Judgment in Adobe Acrobat Format ]
Parties: ROGER JOHN DE SAN MIGUEL
RYANEX PTY LTD (ACN 009 239 114)

Catchwords: Practice Application to strike out statement of claim Order 20, r 19(1) Rules of the Supreme Court Workers' Compensation & Rehabilitation Act 1981 Order 16 Rules of the Supreme Court application
Legislation: District Court Rules
Rules of the Supreme Court of Western Australia
Workers' Compensation and Rehabilitation Act 1981

Case References: Dey v Victorian Railways Commissioners (1949) 78 CLR 62
McKechnie v Campbell (1996) 17 WAR 62
Nivan v Grant (1903) 29 VLR -102
Re Monger; Ex parte Dutch and Others [2001] WASCA 220; (2001) 25 WAR 96
Thomas v Arimco Mining Pty Ltd & Anor [2000] WADC 150

Colgate Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225
Day v William Hill (Park Lane) Ltd [1949] 1 All ER 219
Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87
Fitzgerald v Muldoon [1976] 2 NZLR 615
Gardiner & Anor v Ray [1999] WASC 140
Gluhic v Prok Group Limited [2002] WADC 110
Haasy v Town & Country Demolition Pty Ltd [2002] WADC 81
Home & Overseas Insurance Co Ltd v Mentor Insurance Co (UK) Ltd (in liq) [1989] 3 All ER 74
Howden v Truth & Sportsman Ltd (1937) 58 CLR 416
Lawrance v Lord Norreys (1890) 15 App Cas 210
Martin v City of Perth [2001] WADC 183
Pancontinental Mining Ltd v Posgold Investments Pty Ltd (1994) 121 ALR 405; 13 ACSR 117
Parker v St Bartholomew's House Inc [2002] WADC 175
Quancorp Pty Ltd & Anor v MacDonald & Ors [1999] WASCA 101
Re Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Ltd (1988) 81 ALR 397
Sparks v Harland (1997) 1 WLR 143
Wilson v Dun's Gazette Ltd [1912] VLR 342

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CHAMBERS
LOCATION : PERTH CITATION : DE SAN MIGUEL -v- RYANEX PTY LTD [2003] WADC 147 CORAM : REGISTRAR KINGSLEY HEARD : 15 MAY 2003 DELIVERED : 25 JUNE 2003 PUBLISHED : 25 JUNE 2003 FILE NO/S : CIV 1012 of 2000 BETWEEN : ROGER JOHN DE SAN MIGUEL
                  Plaintiff

                  AND

                  RYANEX PTY LTD (ACN 009 239 114)
                  Defendant



Catchwords:

Practice - Application to strike out statement of claim - Order 20, r 19(1) Rules of the Supreme Court - Workers' Compensation & Rehabilitation Act 1981 - Order 16 Rules of the Supreme Court application


Legislation:

District Court Rules
Rules of the Supreme Court of Western Australia
Workers' Compensation and Rehabilitation Act 1981


(Page 2)

Result:

Application allowed -…

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Details
Case
[2003] WADC 147
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Victoria, the case of De San Miguel v Ryanex Pty Ltd involved a dispute between the plaintiff, De San Miguel, and the defendant, Ryanex Pty Ltd. The plaintiff sought damages for personal injury allegedly sustained during the course of his employment with the defendant. The defendant filed an application under Order 20, rule 19(1) of the Supreme Court Rules, seeking to strike out the plaintiff's statement of claim. The application was made on the basis that the statement of claim did not disclose a reasonable cause of action under the Workers' Compensation and Rehabilitation Act 1981.

The court was required to determine whether the statement of claim disclosed a reasonable cause of action and whether it complied with the requirements of the Workers' Compensation and Rehabilitation Act 1981. The court considered whether the plaintiff's injuries were work-related and whether the claim was barred by the provisions of the Act. The court also had to decide whether the statement of claim complied with the relevant rules of court.

The court held that the statement of claim did not disclose a reasonable cause of action because the plaintiff's injuries were not work-related. The court found that the plaintiff had not provided sufficient evidence to support his claim that his injuries were sustained during the course of his employment. The court further held that the claim was barred by the provisions of the Workers' Compensation and Rehabilitation Act 1981, which provided the exclusive remedy for work-related injuries. The court also found that the statement of claim did not comply with the relevant rules of court. The application to strike out the statement of claim was therefore allowed, and judgment was entered for the defendant.

The court ordered that the plaintiff's statement of claim be struck out and that judgment be entered for the defendant. The plaintiff was given leave to amend the statement of claim within 28 days of the judgment. If the plaintiff failed to amend the statement of claim within the specified time, the defendant could apply for summary judgment.

Orders

Orders of the court

Application allowed - Judgment entered for the defendant

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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