Frank Jasper Pty Ltd v Deloitte TOUCHE Tohmatsu (A Firm)

In the Supreme Court of Western Australia, Frank Jasper Pty Ltd and Erom Pty Ltd initiated legal proceedings against Deloitte Touche Tohmatsu, John Richard Langford, and Dominic Vincent Martino. The plaintiffs alleged breaches of contract, negligence, and fiduciary duty related to investments in Robowash and Scomac. The defendants, in turn, filed a third-party claim against Frank Jasper, asserting that he failed to provide proper investment advice and breached his duties as a director and officer of the plaintiff companies. The court was tasked with deciding on applications for further discovery, an extension of time to strike out the third-party statement of claim, and the validity of the third-party claim itself.

The court granted the application for further discovery, noting that while the defendants had discovered the documents in question, they had not provided them in a timely manner. The court also granted the application to extend time for striking out the third-party statement of claim, as the issues were complex and the parties had been attempting to resolve them without formal application. However, the court refused to strike out the third-party statement of claim. The court found that the defendants' claims for contribution or indemnity were not necessarily hopeless, as the law on the matter appeared to be in a state of development or restatement. The court emphasized that a claim should not be dismissed unless it is effectively hopeless, and there appeared to be scope for further development of the law in this area.

The final orders included granting further discovery to the plaintiffs and third party, allowing the extension of time to strike out the third-party statement of claim, and denying the application to strike out the third-party statement of claim itself. The court's decision underscored the importance of timely disclosure of documents and the evolving nature of legal principles concerning contribution and indemnity.