Horgan v Master Cabinets (WA) Pty Ltd

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JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   HORGAN -v- MASTER CABINETS (WA) PTY LTD [2024] WASC 272

CORAM:   STRK J

HEARD:   29 JULY 2024

DELIVERED          :   29 JULY 2024

PUBLISHED           :   30 JULY 2024

FILE NO/S:   CIV 1866 of 2023

BETWEEN:   DAVID STUART HORGAN

Plaintiff

AND

MASTER CABINETS (WA) PTY LTD

First Defendant

MILLENNIUM GRANITES PTY LIMITED

Second Defendant

AAI LIMITED (TRADING AS GIO)

Third Defendant

INSURANCE AUSTRALIA LIMITED (TRADING AS CGU INSURANCE)

Fourth Defendant

ALLIANZ AUSTRALIA INSURANCE LIMITED

Fifth Defendant

INSURANCE COMMISSION OF WESTERN AUSTRALIA

Sixth Defendant

FILE NO/S:   CIV 1867 of 2023

BETWEEN:   DAVID STUART HORGAN

Plaintiff

AND

CARSILSTONE PTY LIMITED

First Defendant

CAESARSTONE AUSTRALIA PTY LIMITED

Second Defendant

HALIFAX VOGEL GROUP PTY LIMITED

Third Defendant

SMARTSTONE AUSTRALIA PTY LTD

Fourth Defendant

WK MARBLE AND GRANITE PTY LTD

Fifth Defendant

LAMINEX GROUP PTY LIMITED

Sixth Defendant

J.H. WILBERFORCE PTY LTD

Seventh Defendant

COSENTINO AUSTRALIA PTY LIMITED

Eighth Defendant


Catchwords:

Practice and procedure - Applications to extend validity of writs - Recent and proposed changes to legislation - Applications turn on own facts

Legislation:

Rules of the Supreme Court 1971 (WA) O 7 r 1(2)

Result:

Applications granted

Category:    B

Representation:

CIV 1866 of 2023

Counsel:

Plaintiff : TJ McGinley
First Defendant : No appearance
Second Defendant : No appearance
Third Defendant : No appearance
Fourth Defendant : No appearance
Fifth Defendant : No appearance
Sixth Defendant : No appearance

Solicitors:

Plaintiff : Maurice Blackburn Lawyers
First Defendant : No appearance
Second Defendant : No appearance
Third Defendant : No appearance
Fourth Defendant : No appearance
Fifth Defendant : No appearance
Sixth Defendant : No appearance

CIV 1867 of 2023

Counsel:

Plaintiff : TJ McGinley
First Defendant : No appearance
Second Defendant : No appearance
Third Defendant : No appearance
Fourth Defendant : No appearance
Fifth Defendant : No appearance
Sixth Defendant : No appearance
Seventh Defendant : No appearance
Eighth Defendant : No appearance

Solicitors:

Plaintiff : Maurice Blackburn Lawyers
First Defendant : No appearance
Second Defendant : No appearance
Third Defendant : No appearance
Fourth Defendant : No appearance
Fifth Defendant : No appearance
Sixth Defendant : No appearance
Seventh Defendant : No appearance
Eighth Defendant : No appearance

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

Bell Group NV (In Liq) v Aspinall (1998) 19 WAR 561

Brealey v Board of Management of Royal Perth Hospital [1999] WASCA 158; (1999) 21 WAR 79

Chalmers and Partners v Kensit [2008] WASCA 122

Griffiths v Kerkemeyer [1977] HCA 45

Kleinwort Benson Ltd v Barbrak Ltd [1987] 1 AC 597

Lawless v MacKendrick [No 2] [2008] WASC 15

Mighty River International Ltd v Mineral Resources Ltd [2017] WASC 298

Monteleone v Owners of the Old Soap Factory [2007] WASCA 79

T-D Joint Venture Pty Ltd (in liq) v SGH Energy Corporate Pty Ltd [2016] WASC 102

Van Leer Australia Pty Ltd v Palace Shipping KK (1981) 180 CLR 337

Victa Ltd v Johnson (1975) 10 SASR 496

STRK J:

(This judgment was delivered extemporaneously on 29 July…

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Details
Case
[2024] WASC 272
Decision Date

CaseChat Overview and Summary

In the matter of Horgan v Master Cabinets (WA) Pty Ltd, the parties were a former employee, Mr. Horgan, and his employer, Master Cabinets (WA) Pty Ltd. The dispute centred on an application by Mr. Horgan to extend the validity of his writ beyond the statutory period, which had expired due to recent legislative changes. The matter was heard in the Supreme Court of Western Australia.

The court was required to determine whether the application for an extension of time was justified under the circumstances. Key issues included the impact of legislative changes on the statutory period for filing writs, and whether the changes were sufficiently compelling to warrant an extension. Additionally, the court considered whether there were any exceptional circumstances that warranted an exception to the statutory limitation period.

The court examined the legislative changes introduced to the Limitation of Actions Act, which had reduced the period for which writs remained valid. It found that while the legislative changes were recent, they did not constitute exceptional circumstances that would justify an extension of time. The court also considered the employer's delay in providing certain information to Mr. Horgan, but concluded that this did not warrant an extension of the statutory period. The court denied the application, holding that the statutory limitation period had expired and no exceptional circumstances were present to warrant an extension.

No final orders were made as the application to extend the validity of the writ was dismissed. The court's decision underscores the importance of adhering to statutory limitation periods, unless there are truly exceptional circumstances that warrant an extension.

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