Maddock v CRENDON Machinery

Case [2003] WADC 235


JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CHAMBERS

LOCATION:   PERTH

CITATION:   MADDOCK -v- CRENDON MACHINERY [2003] WADC 235

CORAM:   DEPUTY REGISTRAR HARMAN

HEARD:   1 OCTOBER 2003

DELIVERED          :   3 NOVEMBER 2003

FILE NO/S:   CIV 477 of 2003

BETWEEN:   RAYMOND GRAEME  MADDOCK

Plaintiff

AND

CRENDON MACHINERY
Defendant

Catchwords:

Practice - Western Australia - Practice under the Rules of the Supreme Court of Western Australia O 12, r 7 O 20, r 19(1) and O 16, r 1 - Application to strike out statement of claim - Application for summary judgment in the absence of appearance.

Legislation:

Workers' Compensations and Rehabilitation Act 1981

Result:

Dismissed

Representation:

Counsel:

Plaintiff:     Mr P L Haynes

Defendant:     Mr J S MacDonald

Solicitors:

Plaintiff:     Paul O'Halloran & Associates

Defendant:     McAuliffe Williams & Partners

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

Daniels Corporation Pty Ltd v Australian Competition & Consumer Commission (2002) 192 ALR 561

De San Miguel v Ryanex Pty Ltd [2003] WADC 147

Case(s) also cited:

Castro v Murray (1875) LR 10 Exch 213

Dalgety Australia Ltd & Anor v De Vahl Rubin & Ors; unreported; SCt of WA; Library No 5485; 24 August 1984

Day v William Hill (Park Lane) Ltd [1949] 1 All ER 219

Dey v Victorian Railways Commissioners (1948-1949) 78 CLR 62

General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125

Haasy v Town & Country Demolition Pty Ltd [2002] WADC 81

Howden v "Truth" and "Sportsman" Ltd (1937) 58 CLR 416

Kimberley Downs Pty Ltd & Ors v Western Australia & Anor, unreported; SCt of WA; Library No 6414; 25 August 1986

Lawrance v Norreys [1890] 15 App Cas 210

Pancontinental Mining Ltd v Posgold Investments Pty Ltd and Others (1994) 121 ALR 405; 13 ACSR 117

Re Monger; Ex parte Woodford [1999] WASC 273

Republic of Peru v Peruvian Guano Company [1887] 36 Ch D 489

Western Metals Zinc NL v Wesfarmers Transport Ltd & Anor [2003] WASCA 152

  1. DEPUTY REGISTRAR HARMAN:  The defendant has brought an application seeking an order that the statement of claim be struck out on the grounds that it discloses no reasonable cause of action, that it is scandalous, frivolous or vexatious or otherwise an abuse of process.  Alternatively it seeks judgment.

  2. In bringing the application the defendant purports to utilise the mechanism provided by O 12, r 7.  It provides:

    "A defendant to an action may at any time before entering an appearance therein, serve notice of motion to set aside the writ or service of the writ, or notice of the writ on him or discharging any order giving leave to serve the writ or notice on him out of the jurisdiction."

  3. Insofar as the defendant seeks judgment the application does not fall within the scope of the rule.

  4. There is a further procedural impediment to the defendant’s success.  Order 16, r 1(1) provides:

    "Any defendant to an action may within 21 days after appearance or at any later time by leave of the Court, apply to the…

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AGLC
Maddock v CRENDON Machinery [2003] WADC 235
Case
[2003] WADC 235
Decision Date

CaseChat Overview and Summary

The case of Maddock v CRENDON Machinery involved a dispute in the Supreme Court of Western Australia. The plaintiff, Maddock, filed a statement of claim against the defendant, CRENDON Machinery, but the defendant did not appear in court. As a result, the defendant applied to strike out the statement of claim and sought summary judgment in the absence of the plaintiff's appearance. The primary legal issue before the court was whether the plaintiff's failure to appear in court warranted the striking out of the statement of claim and the granting of summary judgment.

The court examined the principles of statutory interpretation and the common law rights, privileges, and immunities in the context of the Rules of the Supreme Court of Western Australia. The court referred to the High Court decision in Daniels Corporation Pty Ltd v Australian Competition & Consumer Commission (2002) 192 ALR 561, where the High Court held that statutory provisions should not be construed as abrogating important common law rights unless there are clear words or a necessary implication to that effect. The court also considered the prevailing view in Western Australia that the qualification "necessary" should be taken into account when interpreting statutory provisions.

After considering the arguments and relevant legal principles, the court found that the plaintiff had not engaged in any abuse of process by filing the statement of claim. The court also determined that the legislature intended for an action to be commenced in the absence of a determination by the Directorate. Therefore, the court concluded that the application to strike out the statement of claim and the application for summary judgment were inappropriately brought. The court further held that the substantive merits of the application demonstrated that it ought properly fail.

The court did not make any final orders in the case, as it determined that the application was inappropriately brought and ought to fail on its substantive merits. The court's decision emphasised the importance of considering statutory provisions in the context of common law rights and the need for clear words or a necessary implication to abrogate such rights.

Orders

Orders of the court

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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

In Daniels Corporation Pty Ltd v Australian Competition & Consumer Commission (2002) 192 ALR 561 at 565 the High Court recently recognised the "well settled" principle "that statutory provisions are not to be construed as abrogating important common law rights, privileges and immunities in the absence of clear words or a necessary implication to that effect." In recent times it seems to have been the prevailing view in this jurisdiction that consideration of at least the qualification "necessary" is properly overlooked. In my opinion in issuing the writ the plaintiff did not engage in any abuse of process. The plaintiff has taken no step beyond that point. Clearly the legislature intended that an action could be commenced in the absence of a determination by the Directorate. In my opinion the application was inappropriately brought. Consideration of its substantive merits demonstrates that it ought properly fail.