JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: HANCOCK PROSPECTING PTY LTD -v- WRIGHT PROSPECTING PTY LTD [2018] WASCA 185
CORAM: MAZZA JA
MITCHELL JA
BEECH JA
HEARD: 12 SEPTEMBER 2018
DELIVERED : 24 OCTOBER 2018
FILE NO/S: CACV 103 of 2017
BETWEEN: HANCOCK PROSPECTING PTY LTD
Appellant
AND
WRIGHT PROSPECTING PTY LTD
Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram: LE MIERE J
Citation: WRIGHT PROSPECTING PTY LIMITED -v- HANCOCK PROSPECTING PTY LIMITED [No 13] [2017] WASC 286
File Number : CIV 1279 of 2001
Catchwords:
Appeal against primary judge's construction of trial judge's costs orders - Where plaintiff awarded general costs of the action subject to a specific order giving the defendant the costs of a particular claim on which the plaintiff failed - Whether primary judge erred in holding that costs associated with evidence relevant to proving damages were payable to the plaintiff under the general order or to the defendant under the specific order - Whether objective or subjective test to be applied to ascertaining the purpose for which evidence was adduced - Construction and interpretation - Whether primary judge erred in concluding that trial judge held that claim for damages in lieu of specific performance was open to be brought and pursued when not claimed in the writ or pleading
Legislation:
Rules of the Supreme Court 1971 (WA) O 66 r 1(3), r 2(a)
Supreme Court Act 1935 (WA), s 25(10)
Result:
Leave to appeal granted
Appeal dismissed
Category: B
Representation:
Counsel:
| Appellant | : | Mr J C Giles SC & Mr C E Bannan |
| Respondent | : | Mr R M Smith SC & Mr T N Owen |
Solicitors:
| Appellant | : | Corrs Chambers Westgarth |
| Respondent | : | Clayton Utz |
Case(s) referred to in decision(s):
Ailakis v Olivero (No 2) [2014] WASCA 127; (2014) 100 ACSR 524
Arthur Young (a firm) v Brunswick NL [1998] VSCA 87; [1999] 1 VR 387
Athens v Randwick City Council [2005] NSWCA 317; (2005) 64 NSWLR 58
Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300
Betts v Neilson (1868) LR 3 Ch App 429
Brown v Heffer (1967) 116 CLR 344
Catton v Wyld (1863) 32 Beav 266; 55 ER 105
Della-Vedova v State Energy Commission (1990) 2 WAR 561
Emmerton v Trustees, Executors and Agency Co Ltd (1896) 2 ALR 281
Godden v Alford [1960] WAR 235
Griffin v Mercantile Bank (1890) 11 LR (NSW) Eq 231
Halligan v Lawson (1922) 22 SR (NSW) 501
Hancock Prospecting Pty Ltd v Wright Prospecting Pty Ltd [2012] WASCA 216; (2012) 45 WAR 29
Jones v Curling (1884) 13 QBD 262
Mahlo v Westpac Banking Corp Ltd [1999] NSWCA 358
McKenna v Richey [1950] VLR 360
Medway Oil and Storage Co Ltd v Continental Contractors Ltd [1929] AC 88
Rawson v Hobbs (1961) 107 CLR 466
Smith v Madden (1946) 73 CLR 129
Tamplin v James (1880) 15 Ch D 215
TM Burke Estates Pty Ltd…
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- Case
- [2018] WASCA 185
- Decision Date
CaseChat Overview and Summary
The court found that the primary judge's approach to interpreting the trial judge's costs orders was correct. The court held that the primary judge applied the correct legal principles in determining the allocation of costs between the parties. The court held that an objective test should be applied to ascertain the purpose for which evidence was adduced. Furthermore, the court found that the primary judge did not err in concluding that the trial judge held that a claim for damages in lieu of specific performance was open to be brought and pursued, even though it was not claimed in the writ or pleading.
The appeal was dismissed. The primary judge's interpretation of the trial judge's costs orders was affirmed. The court held that the primary judge applied the correct legal principles and that an objective test should be applied to ascertain the purpose for which evidence was adduced. The court also held that the primary judge did not err in concluding that the trial judge held that a claim for damages in lieu of specific performance was open to be brought and pursued, even though it was not claimed in the writ or pleading.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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