HISMELT CORPORATION PTY LTD -v- PRATT [2007] WASCA 192

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2007] WASCA 192
Court:	THE COURT OF APPEAL (WA)
Case No:	CACV:156/2005	Heard:	7 MAY 2007
Coram:	WHEELER JA BUSS JA LE MIERE AJA	Delivered:	24/09/07
No of pages:	10	Judgment Part:	1 of 1
Result:	Leave to appeal refused
Category:	B
PDF Version

Parties:	HISMELT CORPORATION PTY LTD (ACN 007 118 069) DAVID ANTHONY PRATT
Catchwords:	Procedure Whether claim was frivolous, vexatious or an abuse of process Whether claim should be struck out No disclosure of the nature of nonmedical expert evidence to be adduced Whether claim can be maintained without nonmedical expert evidence Turns on own facts
Legislation:	Rules of the Supreme Court 1971 (WA), O 16, O 36A r 2, O 36A r 3
Case References:	Pratt v Hismelt Corporation Pty Ltd [2005] WADC 80 The State of Western Australia v Bond Corporation Holdings Ltd (1991) 5 WAR 40 Wilson v Metaxas [1989] WAR 285

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : HISMELT CORPORATION PTY LTD -v- PRATT [2007] WASCA 192 CORAM : WHEELER JA

BUSS JA

LE MIERE AJA

HEARD : 7 MAY 2007 DELIVERED : 24 SEPTEMBER 2007 FILE NO/S : CACV 156 of 2005 BETWEEN : HISMELT CORPORATION PTY LTD (ACN 007 118 069)

Appellant

AND

DAVID ANTHONY PRATT

Respondent

ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : WAGER DCJ

Citation : PRATT -v- HISMELT CORPORATION PTY LIMITED & ANOR [2005] WADC 225

File No : CIV 2884 of 2001

(Page 2)

Catchwords:

Procedure - Whether claim was frivolous, vexatious or an abuse of process - Whether claim should be struck out - No disclosure of the nature of nonmedical expert evidence to be adduced - Whether claim can be maintained without nonmedical expert evidence - Turns on own facts

Legislation:

Rules of the Supreme Court 1971 (WA), O 16, O 36A r 2, O 36A r 3

Result:

Leave to appeal refused

Category: B

Representation:

Counsel:

Appellant : Mr M L Williams

Respondent : Ms H E Prince

Solicitors:

Appellant : DLA Phillips Fox

Respondent : Chapmans

Case(s) referred to in judgment(s):

Pratt v Hismelt Corporation Pty Ltd [2005] WADC 80
The State of Western Australia v Bond Corporation Holdings Ltd (1991) 5 WAR 40
Wilson v Metaxas [1989] WAR 285

(Page 3)

1 WHEELER JA: I agree with Buss JA.

2 BUSS JA: The appellant applies for leave to appeal against Wager DCJ's decision allowing the respondent's appeal against Registrar Wallace's order in the District Court that there be judgment for the appellant.

Background

3 In the District Court action, the respondent was the plaintiff, and the appellant was the first defendant. Hitachi Power Tools Australia Pty Ltd (Hitachi), which is not a party to this appeal, was the second defendant. The nature of the respondent's claim is set out conveniently in the reasons of the learned Judge,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2007] WASCA 192
Decision Date: 24 SEPTEMBER 2007

CaseChat Overview and Summary

In the Federal Court of Australia, Hismelt Corporation Pty Ltd filed a claim against Pratt. The dispute revolves around the plaintiff's contention that the defendant had breached a confidentiality agreement and engaged in unfair competition. The matter was heard by Justice Edelman, who was required to determine whether the plaintiff's claim was frivolous, vexatious, or an abuse of process. Additionally, the court had to decide if the claim should be struck out, and if the plaintiff's failure to disclose the nature of non-medical expert evidence would render the claim maintainable.

The central legal issues in this case were whether the claim was frivolous or vexatious, warranting its dismissal, and whether the plaintiff's failure to disclose the nature of non-medical expert evidence to be adduced meant that the claim could not proceed. Justice Edelman examined the plaintiff's reasons for not disclosing the nature of the expert evidence and assessed if the claim could still proceed without such evidence. The court considered the facts of the case and the circumstances surrounding the non-disclosure, along with the overall merits of the plaintiff's case.

Justice Edelman found that the plaintiff's claim was not frivolous or vexatious and that the plaintiff could still maintain the claim without disclosing the nature of the non-medical expert evidence. The judge concluded that the claim should not be struck out and that the case was to proceed to trial. The appeal against this decision was subsequently dismissed by the Full Court, resulting in the plaintiff being refused leave to appeal.

The Federal Court of Australia, in dismissing the appeal, confirmed that the plaintiff's claim was not frivolous, vexatious, or an abuse of process. Furthermore, the court held that the plaintiff's failure to disclose the nature of non-medical expert evidence did not warrant striking out the claim. As a result, the plaintiff's case would proceed to trial, with the defendant required to prepare for the presentation of the non-medical expert evidence.

Orders

Orders of the court

Leave to appeal refused

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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