Hartland v Firm Construction Pty Ltd (in Liq)

Matthew Hartland commenced proceedings against Firm Construction Pty Ltd (in liquidation) seeking leave to bring an action for damages for personal injuries against the company. The defendant had been placed under external administration and Hartland was required to obtain leave of the court to proceed with his claim. The application was made by originating summons, rather than the required originating process. The court found that non-compliance with the Supreme Court (Corporations) Rules 2004 (WA) did not invalidate the proceedings and made an order that the originating summons be treated as an originating process. The court considered the principles relevant to the grant of leave and was satisfied that there was a serious question to be tried. The court also found that the evidence of the availability of insurance supported the grant of leave. The court made orders that Hartland have leave to bring the action and that he not execute on any judgment without leave of the Supreme Court.