John Holland Pty Ltd v Miami Gold (WA) Pty Ltd

In the Supreme Court of Western Australia, John Holland Pty Ltd applied for leave to amend its statement of claim against Miami Gold (WA) Pty Ltd and others. The application was opposed by the defendants. The plaintiff sought to amend its statement of claim to include a plea of estoppel, claims in contract based on that plea, and claims for unjust enrichment. The defendants argued that the proposed pleading was defective and liable to be struck out. The court considered the principles governing applications to amend pleadings and examined the proposed pleading in detail. The court found that the estoppel plea was defective as it did not clearly allege a representation by the defendants that conditions precedent to payment would not be enforced. The pleas in contract based on estoppel were also defective as they did not clearly plead that the requirements of certification had been met. The pleas for unjust enrichment were not objectionable as they appeared to be based on work falling outside the contract. The court found that the proposed pleading contained a number of other objections and was liable to prejudice, embarrass or delay the fair trial of the action. The court refused leave to amend in terms of the proposed pleading but granted leave for the plaintiff to bring in a further minute of amended statement of claim.