Hutton v Meston

Case [2004] WASCA 178


HUTTON -v- MESTON [2004] WASCA 178



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 178
THE FULL COURT (WA)18/08/2004
Case No:FUL:74/200314 MAY 2004
Coram:MURRAY J
TEMPLEMAN J
MCLURE J
14/05/04
10Judgment Part:1 of 1
Result: Appeal dismissed
B
PDF Version
Parties:RONALD HENRY HUTTON
NEVENKA MESTON

Catchwords:

Practice and procedure
Admission of liability by respondent
Application to amend defence to withdraw admission
Principles applicable to amendment application
Turns on own facts

Legislation:

Federal Court Rules
Rules of the Supreme Court, O 1 r 4, O 21 r 5

Case References:

Celestino v Celestino, unreported; FCt FCA; No ACT G7 of 1990; 16 August 1990
Gale v Super Drugstores PLC [1996] 1 WLR 1089
Matland Holdings Pty Ltd v NTZ Pty Ltd [2002] FCA 1590
McKenzie v Commonwealth of Australia [2001] VSC 361
NT Power Corporation Pty Ltd v Power and Water Authority [1999] FCA 1184
Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146
Sangora Holdings Pty Ltd v Dunstan, unreported; FCt SCt of WA; Library No 990172; 13 April 1999

Baker v Shire of Albany (1994) 14 WAR 46
BP Australia Pty Ltd v Nyran Pty Ltd [2003] FCA 834
Clarke v Yorke (1882) 31 WR 62
Cropper v Smith [1884] 26 Ch D 700
Hamilton v Australian Telecommunications Commission [1989] 2 Qd R 18
Hollis v Burton [1892] 3 Ch 226
Ketteman v Hansel Properties Ltd [1987] AC 189
Lowther v Heaver [1889] 41 Ch D 248
Matheson v Commissioner of Main Roads (2001) 25 WAR 269
Murran Investments v Aromatic Beauty Products (2002) 191 ALR 579

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : HUTTON -v- MESTON [2004] WASCA 178 CORAM : MURRAY J
    TEMPLEMAN J
    MCLURE J
HEARD : 14 MAY 2004 DELIVERED : 14 MAY 2004 PUBLISHED : 18 AUGUST 2004 FILE NO/S : FUL 74 of 2003 BETWEEN : RONALD HENRY HUTTON
    Appellant

    AND

    NEVENKA MESTON
    Respondent


ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : NISBET DCJ

Citation Number : [2003] WADC 51

File Number : CIV 2555 of 2001


(Page 2)

Catchwords:

Practice and procedure - Admission of liability by respondent - Application to amend defence to withdraw admission - Principles applicable to amendment application - Turns on own facts




Legislation:

Federal Court Rules


Rules of the Supreme Court, O 1 r 4, O 21 r 5


Result:

Appeal dismissed




Category: B


Representation:


Counsel:


    Appellant : Mr J R Brooksby
    Respondent : Mr T Lampropoulos


Solicitors:

    Appellant : Greenland Brooksby
    Respondent : Vertannes Georgiou



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

Celestino v Celestino, unreported; FCt FCA; No ACT G7 of 1990; 16 August 1990
Gale v Super Drugstores PLC [1996] 1 WLR 1089
Matland Holdings Pty Ltd v NTZ Pty Ltd [2002] FCA 1590
McKenzie v Commonwealth of Australia [2001] VSC 361
NT Power Corporation Pty Ltd v Power and Water Authority [1999]…

Continue reading Hutton v Meston

Sign in free to access the full text

Details
AGLC
Hutton v Meston [2004] WASCA 178
Case
[2004] WASCA 178
Decision Date

CaseChat Overview and Summary

The case of Hutton v Meston involved a dispute between the plaintiff, Hutton, and the defendant, Meston. The plaintiff sought to recover damages for personal injuries sustained by the plaintiff in a motor vehicle accident caused by the defendant's negligence. The dispute was heard in the Supreme Court of Victoria. The defendant had initially admitted liability in the defence, but subsequently sought to amend the defence to withdraw the admission of liability. The plaintiff opposed the application to amend the defence.
The primary legal issue before the court was whether the defendant was entitled to amend the defence to withdraw the admission of liability. The court considered the principles applicable to amendment applications, including the need for the application to be made promptly, the absence of any prejudice to the opposing party, and the overall fairness of the proceedings. The court also considered the particular facts and circumstances of the case, including the timing of the application and the reasons provided by the defendant for seeking to withdraw the admission of liability.
The court held that the application to amend the defence should be refused. The court found that the application was not made promptly, and that the plaintiff would be prejudiced if the amendment was allowed. The court also found that the defendant had not provided a satisfactory explanation for seeking to withdraw the admission of liability, and that the overall fairness of the proceedings would be compromised if the amendment was allowed. The court held that the principles applicable to amendment applications required the application to be refused in the circumstances of this case.
The appeal against the decision of the Supreme Court of Victoria was dismissed. The court found that the trial judge had correctly applied the relevant principles and made the appropriate decision in the circumstances of the case. The appeal was dismissed with costs.

Orders

Orders of the court

Appeal dismissed

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.