Frank Jasper Pty Ltd v Glew [No 3]

Link copied
Case Copied 20 min read

FRANK JASPER PTY LTD -v- GLEW [No 3] [2012] WASC 24 (S)


Pending Appeal


SUPREME COURT OF WESTERN AUSTRALIACitation No:[2012] WASC 24 (S)
Case No:CIV:2179/200725 JANUARY 2012
FURTHER WRITTEN SUBMISSIONS 27 JANUARY, 16 FEBRUARY, 20 FEBRUARY 2012
Coram:MARTIN CJ25/01/12
20/03/12
12Judgment Part:1 of 1
Result: Defendants pay the plaintiff's costs except for those associated with the plaintiff's attempts to amend its statement of claim and correct its schedule of expenditure and interest
B
PDF Version
Parties:FRANK JASPER PTY LTD
WAYNE KENNETH GLEW
GLEW TECHNOLOGIES PTY LTD

Catchwords:

Practice and procedure
Costs
Special costs order
Whether matter of 'unusual difficulty' due to lack of cooperation by the defendants
Lack of cooperation resulted in no meaningful opposition to plaintiff's claims, and not an 'unusual difficulty'
Complexity of intellectual property claims meant it was appropriate to fix limits higher than those in costs determinations for discovery, getting up for trial and counsel fees
Legal Profession Act 2008 (WA), s 280(2)
Practice and procedure
Indemnity costs
Self-represented litigant
Unreasonable and uncooperative defendants
Lead to no meaningful opposition to the plaintiff's claims
Manifestly excessive claim for costs
Award of indemnity costs not appropriate

Legislation:

Legal Profession Act 2008 (WA), s 280(2)

Case References:

Frank Jasper Pty Ltd v Glew (No 2) [2010] WASC 24
Heartlink Ltd v Jones as liquidator of HL Diagnostics Pty Ltd (in liq) [2007] WASC 254(S)
Milne v Kendall [2010] WASC 338(S)
Unioil International Pty Ltd v Deloitte Touche Tohmatsu (a firm) (No 2) (1997) 18 WAR 190


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : FRANK JASPER PTY LTD -v- GLEW [No 3] [2012] WASC 24 (S) CORAM : MARTIN CJ HEARD : 25 JANUARY 2012
    FURTHER WRITTEN SUBMISSIONS 27 JANUARY, 16 FEBRUARY, 20 FEBRUARY 2012
DELIVERED : 25 JANUARY 2012 SUPPLEMENTARY
DECISION : 20 MARCH 2012 FILE NO/S : CIV 2179 of 2007 BETWEEN : FRANK JASPER PTY LTD
    Plaintiff

    AND

    WAYNE KENNETH GLEW
    First Defendant

    GLEW TECHNOLOGIES PTY LTD
    Second Defendant

Catchwords:

Practice and procedure - Costs - Special costs order - Whether matter of 'unusual difficulty' due to lack of cooperation by the defendants - Lack of cooperation resulted in no meaningful opposition to plaintiff's claims, and not an 'unusual difficulty' - Complexity of intellectual property claims meant it was appropriate to fix limits higher than those in costs determinations for discovery, getting up for trial and counsel fees - Legal Profession Act 2008 (WA), s 280(2)



(Page 2)


Practice and procedure - Indemnity costs - Self-represented litigant - Unreasonable and uncooperative defendants - Lead to no meaningful opposition to the plaintiff's claims - Manifestly excessive claim for costs - Award of indemnity costs not appropriate

Legislation:

Legal Profession Act 2008 (WA), s 280(2)

Result:

Defendants pay the plaintiff's costs except for those associated with the plaintiff's attempts to amend its statement of claim and correct its schedule of expenditure and interest

Category: B

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Frank Jasper Pty Ltd v Glew [No 3] and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2012] WASC 24 (S)
Decision Date

CaseChat Overview and Summary

Frank Jasper Pty Ltd sued Glew over alleged breaches of contract and intellectual property infringement. The case was heard in the Supreme Court of Western Australia. The dispute centred on whether the defendants' lack of cooperation and failure to meaningfully oppose the plaintiff's claims constituted an "unusual difficulty" warranting a special costs order under the Legal Profession Act 2008 (WA). Additionally, the court needed to determine if an indemnity costs order was appropriate for a self-represented plaintiff against unreasonable and uncooperative defendants.

The court held that the defendants' lack of cooperation did not amount to an "unusual difficulty" within the meaning of the statute. Instead, it found that the complexity of the intellectual property claims justified setting higher limits for costs than those stipulated in the standard determinations for discovery, getting up for trial, and counsel fees. The court further determined that the plaintiff's claim for indemnity costs was manifestly excessive and inappropriate, given the defendants' unreasonable and uncooperative conduct. The court did not award indemnity costs but ordered the defendants to pay the plaintiff's costs, excluding those related to the plaintiff's attempts to amend its statement of claim and correct its schedule of expenditure and interest.

The court's ruling emphasised the importance of cooperation in litigation and the need to balance the complexity of the case with the conduct of the parties. By refusing to grant indemnity costs, the court underscored that while defendants' uncooperative conduct was detrimental, it did not reach the level of "unusual difficulty" required for special costs. The final orders mandated the defendants to cover the plaintiff's costs, with specific exclusions noted for the plaintiff's efforts to amend and correct its claims and schedules.

Orders

Orders of the court

Defendants pay the plaintiff's costs except for those associated with the plaintiff's attempts to amend its statement of claim and correct its schedule of expenditure and interest

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.