Harcourts WA Pty Ltd v Roy Weston Nominees Pty Ltd (No 3)

Harcourts WA Pty Ltd and Roy Weston Nominees Pty Ltd were involved in a legal dispute concerning property management and alleged breaches of contract. The matter was before the Supreme Court of Western Australia. The primary legal issues revolved around the admissibility of certain evidence and the scheduling of the trial, including the use of evidence from a related proceeding.

The court held that Harcourts could rely on specified evidence from a related proceeding in their current case, provided the evidence was filed and served on the opposing party by a certain date. The court also ruled that the trials of both matters should proceed together, subject to a change in the trial dates. Furthermore, the court acknowledged that the parties should attempt to mediate their disputes.

The court's final orders included granting Harcourts permission to use specified evidence from a related proceeding, setting new dates for the trials, and directing the conduct of the trials, including the preparation and exchange of trial books and the resolution of objections to affidavits and documents. Additionally, the court mandated that the disputes be referred to mediation. The court reserved the decision on costs until after the trial.