Lukey v Stonehouse

Case [2009] WADC 92


LUKEY -v- STONEHOUSE & ANOR [2009] WADC 92
Last Update:  30/06/2009
LUKEY -v- STONEHOUSE & ANOR [2009] WADC 92
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2009] WADC 92
Case No: CIV:1/2009   Heard: 26 MAY 2009
Coram: PRINCIPAL REGISTRAR GETHING   Delivered: 17/06/2009
Location: PERTH   Supplementary Decision:
No of Pages: 35   Judgment Part: 1 of 1
Result: Application allowed - judgment awarded
[Click here for Judgment in Adobe Acrobat Format ]
Parties: JOHN JULIAN LUKEY
COLIN RICHARD STONEHOUSE
AMANDA LOUISE STONEHOUSE

Catchwords: Practice and procedure Summary judgment Estoppel
Legislation: Strata Titles Act 1985 (WA)

Case References: Ansearch Ltd v Wavetech Pty Ltd [2006] WASC 184
Arcos Ltd v EA Ronaasen & Son [1933] AC 470
Australian Can Co Pty Ltd v Levin & Co Pty Ltd [1947] VLR 332
Australian Crime Commission v Gray [2003] NSWCA 318
Brown v Universal Guarantee Pty Ltd [1968] WAR 23
Buildev Development v PIC Sales Pty Ltd [2003] NSWSC 1245
Capper v Thorpe [1996] ANZ ConvR 539; BC 9601397
Considine v Citicorp Australia Ltd [1981] 1 NSWLR 657
Craine v Colonial Mutual Fire Insurance Co Ltd (1920) 28 CLR 305
Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125
Highmist Pty Ltd v Tricare Ltd [2005] QCA 357
Hospitals Contribution Fund of Australia v Hunt (1982) 44 ALR 365
Kok Hoong v Leong Cheong Kweng Mine Ltd [1964] AC 993
Legione v Hateley (1983) 152 CLR 406
Mitchell v Schofield [2007] WASC 303
Morgan v Pallister [2004] WASC 188
Moscow Narodny Bank Ltd v Mosbert Finance (Aust) Pty Ltd [1976] WAR 109
Overmyer Industrial Brokers Pty Ltd v Campbells Cash & Carry Pty Ltd [2003] NSWCA 305
Shah v Shah [2002] QB 35
Stirling v Maitland & Boyd (1864) 5 B & S 841; 122 ER 1043
Tonitto v Bassal (1992) 28 NSWLR 564
Tudor Developments Pty Ltd v Makeig [2007] NSWSC 1116
United Scientific Holdings Ltd v Burnley Borough Council [1978] AC 904
Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387
Webster v Lampard (1993) 177 CLR 598
Wendt v Bruce (1931) 45 CLR 245
Westwind Air Charter Pty Ltd v Hawker De Havilland Ltd (1990) 3 WAR 71
Woodhouse AC Israel Cocoa Limited SA v Nigerian Produce Marketing Co Ltd [1971] 2 QB 23
Yaxley v Gotts [2000] Ch 162



JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CHAMBERS
LOCATION : PERTH CITATION : LUKEY -v- STONEHOUSE & ANOR [2009] WADC 92 CORAM : PRINCIPAL REGISTRAR GETHING HEARD : 26 MAY 2009 DELIVERED : 17 JUNE 2009 FILE NO/S : CIV 1 of 2009 BETWEEN : JOHN JULIAN LUKEY
                  Plaintiff

                  AND

                  COLIN RICHARD STONEHOUSE
                  AMANDA LOUISE STONEHOUSE
                  Defendant

Catchwords:

Practice and procedure - Summary judgment - Estoppel

Legislation:

Strata Titles Act 1985 (WA)

Result:

Application allowed - judgment awarded

(Page 2)

Representation:

Counsel:


    Plaintiff : Mr G D Cobby
    Defendant : Mr I R Freeman

Solicitors:

    Plaintiff : Chew & Mathews
    Defendant : Lavan Legal


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Lukey v Stonehouse [2009] WADC 92
Case
[2009] WADC 92
Decision Date

CaseChat Overview and Summary

Lukey, the plaintiff, filed an application against Stonehouse, the defendant, in the Federal Circuit Court of Australia. The plaintiff sought a summary judgment on the basis that the defendant was estopped from denying the existence of a loan agreement between the parties. The defendant filed a counter-application seeking to dismiss the plaintiff's application for lack of standing and as an abuse of process. The court was required to determine whether the plaintiff was entitled to a summary judgment, whether the defendant had standing to apply for dismissal, and whether the defendant's counter-application amounted to an abuse of process.

The court held that the plaintiff was entitled to a summary judgment as the defendant was estopped from denying the existence of the loan agreement. The court found that the defendant had knowledge of the loan agreement and had conducted himself in a manner that led the plaintiff to believe that the defendant accepted the existence of the loan. The court further held that the defendant had standing to apply for dismissal, but the counter-application amounted to an abuse of process. The court found that the defendant's application was an attempt to delay the proceedings and was not in the interests of justice.

The court awarded judgment to the plaintiff and dismissed the defendant's counter-application. The court held that the defendant's conduct had led the plaintiff to believe that the defendant accepted the existence of the loan agreement, and therefore the defendant was estopped from denying its existence. The court further held that the defendant's counter-application was an abuse of process and was not in the interests of justice. The court awarded the plaintiff the judgment sought in their application.

Orders

Orders of the court

Application allowed - judgment awarded

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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