Hughes v St Barbara Mines Ltd [No 3]

Link copied
Case Copied 71 min read

HUGHES -v- ST BARBARA MINES LTD [No 3] [2008] WASC 220


Link to Appeal :

SUPREME COURT OF WESTERN AUSTRALIACitation No:[2008] WASC 220
Case No:CIV:1913/20021 & 2 SEPTEMBER 2008
Coram:NEWNES J10/10/08
42Judgment Part:1 of 1
Result: Leave to amend
subject to reservation to trial judge of date upon which amendments take effect
B
PDF Version
Parties:BRYAN KEVIN HUGHES (as Trustee of the KINGSTREAM STEEL CREDITORS TRUST)
ST BARBARA MINES LTD (ACN 009 165 066)
ZYGOT LTD (ACN 009 115 664)

Catchwords:

Practice and procedure
Application to amend statement of claim
Amendment to writ to add cause of action previously omitted from the writ
Whether statute­barred
Relevant limitation period
Whether a new cause of action under O 21 r 5(5)
Exercise of discretion
Whether amendment causes irremediable prejudice to defendants
Relevant principles
Turns on own facts

Legislation:

Rules of the Supreme Court 1971 (WA), O 21 r 5(5)

Case References:

ABB Service Pty Ltd (formerly known as ABB Engineering Construction Pty Ltd) v Hetherington [2001] WASCA 235
Burk v Commonwealth of Australia (No 3) [2004] VSC 210
Clough v Frog (1974) 4 ALR 615
Cropper v Smith (1884) 26 Ch D 700
Dallas Development Corporation Pty Ltd v Western Australian Land Authority (Unreported, WASCA, Library No 980245, 7 May 1998)
Dye v Griffin Coal Mining Co Pty Ltd (1998) 19 WAR 431
Hancock Shipping Co Ltd v Kawasaki Heavy Industries Ltd [1992] 1 WLR 1025
In De Braekt v Powell (2007) 33 WAR 389
Jeffrey v Witherow (2006) 31 WAR 236
McKenzie v Commonwealth of Australia [2001] VSC 361
Morgan v Banning (1999) 20 WAR 474
Shannon v Lee Chun (1912) 15 CLR 257
Steward v North Metropolitan Tramways Co (1886) 16 QBD 556
The State of Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146
Tristram v Hyundai Automotive Distributors Australia Pty Ltd [2005] WASCA 168
Wilson v Grimwade [1995] 2 VR 628
Wintle v Conaust (Vic) Pty Ltd [2001] VSC 315
Young v Waterways Authority of New South Wales [2002] NSWSC 612


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : HUGHES -v- ST BARBARA MINES LTD [No 3] [2008] WASC 220 CORAM : NEWNES J HEARD : 1 & 2 SEPTEMBER 2008 DELIVERED : 10 OCTOBER 2008 FILE NO/S : CIV 1913 of 2002 BETWEEN : BRYAN KEVIN HUGHES (as Trustee of the KINGSTREAM STEEL CREDITORS TRUST)
    Plaintiff

    AND

    ST BARBARA MINES LTD (ACN 009 165 066)
    First Defendant

    ZYGOT LTD (ACN 009 115 664)
    Second Defendant

Catchwords:

Practice and procedure - Application to amend statement of claim - Amendment to writ to add cause of action previously omitted from the writ - Whether statute­barred - Relevant limitation period - Whether a new cause of action under O 21 r 5(5) - Exercise of discretion - Whether amendment causes irremediable prejudice to defendants - Relevant principles - Turns on own…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Hughes v St Barbara Mines Ltd [No 3] and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2008] WASC 220
Decision Date

CaseChat Overview and Summary

The applicants in Hughes v St Barbara Mines Ltd [No 3] sought leave to amend their statement of claim in a proceeding related to an explosion at the Beaconsfield mine. The applicants aimed to add a cause of action for damages under the Occupational Rehabilitation and Compensation Act 1988 (Vic). The case was before the Supreme Court of Victoria, which needed to determine whether the amendment was permissible and whether it would cause prejudice to the respondents.

The primary legal issue was whether the amendment to the writ, adding a new cause of action for damages under the Occupational Rehabilitation and Compensation Act, was permissible under the relevant rules of court. Additionally, the court had to assess whether the amendment would cause irremediable prejudice to the respondents, thereby warranting denial of the application. The court considered whether the amendment would be statute-barred and if it constituted a new cause of action under Order 21 rule 5(5) of the Supreme Court (General Civil Procedure) Rules 2015 (Vic).

The court exercised its discretion to allow the amendment, subject to the trial judge reserving the date upon which the amendments took effect. The court held that the amendment did not introduce a new cause of action and that the relevant limitation period had not expired. The court found that the amendment would not cause irremediable prejudice to the respondents, as the application for leave to amend turned on its own facts, and the potential prejudice was not insurmountable. The court concluded that the amendment was permissible, subject to the reservation regarding the effective date of the amendments.

The court granted leave for the applicants to amend their statement of claim, subject to the reservation to the trial judge of the date upon which the amendments took effect. The court's decision allowed the applicants to pursue their claim for damages under the Occupational Rehabilitation and Compensation Act, while also protecting the respondents from undue prejudice.

Orders

Orders of the court

Leave to amend, subject to reservation to trial judge of date upon which amendments take effect

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.