Meridian Oil Nl v Smyth

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MERIDIAN OIL NL -v- SMYTH & ORS [2007] WASC 179



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2007] WASC 179
Case No:CIV:1208/19951 AUGUST 2007
Coram:MASTER SANDERSON3/08/07
13Judgment Part:1 of 1
Result: Application dismissed
B
PDF Version
Parties:MERIDIAN OIL NL
PETER MARK SMYTH
DAVID ALEC ANDREW FLEMING
CHRISTOPHER PAUL McDONALD MAIN
MICHAEL JOHN FULLER
CECIL DENNISTON BURNEY
LINDSAY GERALD DAVEY CAMERON
ROSS PHILIP GLOSSOP
RICHARD WEBB

Catchwords:

Practice and procedure
Application to strike out for want of prosecution
Turns on own facts

Legislation:

Nil

Case References:

Hancock Family Memorial Foundation Ltd v Fieldhouse (2005) 30 WAR 398
Noye v Thoy [2007] WASC 6


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : MERIDIAN OIL NL -v- SMYTH & ORS [2007] WASC 179 CORAM : MASTER SANDERSON HEARD : 1 AUGUST 2007 DELIVERED : 3 AUGUST 2007 FILE NO/S : CIV 1208 of 1995 BETWEEN : MERIDIAN OIL NL
    Plaintiff

    AND

    PETER MARK SMYTH
    First Defendant

    DAVID ALEC ANDREW FLEMING
    Second Defendant

    CHRISTOPHER PAUL McDONALD MAIN
    Third Defendant

    MICHAEL JOHN FULLER
    Fourth Defendant

    CECIL DENNISTON BURNEY
    Fifth Defendant

    LINDSAY GERALD DAVEY CAMERON
    Sixth Defendant

    ROSS PHILIP GLOSSOP
    Seventh Defendant

(Page 2)
    RICHARD WEBB
    Eighth Defendant

Catchwords:

Practice and procedure - Application to strike out for want of prosecution - Turns on own facts

Legislation:

Nil

Result:

Application dismissed

Category: B


Representation:

Counsel:


    Plaintiff : Mr C G Colvin SC & Mr M C Hotchkin
    First Defendant : Mr J C Vaughan
    Second Defendant : No appearance
    Third Defendant : No appearance
    Fourth Defendant : No appearance
    Fifth Defendant : No appearance
    Sixth Defendant : No appearance
    Seventh Defendant : No appearance
    Eighth Defendant : No appearance

(Page 3)



Solicitors:

    Plaintiff : Hotchkin Hanly
    First Defendant : Freehills
    Second Defendant : No appearance
    Third Defendant : No appearance
    Fourth Defendant : No appearance
    Fifth Defendant : No appearance
    Sixth Defendant : No appearance
    Seventh Defendant : No appearance
    Eighth Defendant : No appearance



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

Hancock Family Memorial Foundation Ltd v Fieldhouse (2005) 30 WAR 398
Noye v Thoy [2007] WASC 6


(Page 4)

1 MASTER SANDERSON: This is the first defendant's application seeking to have the action against him dismissed for want of prosecution. In support of the application, the first defendant produced a document entitled the amended chronology. A copy of that document is attached to these reasons. It sets out in summary form the steps that have been taken since the issue of the writ in March 1995. At present, neither the plaintiff nor the first defendant have provided the other with discovery. There is no indication from the plaintiff when its list of discovered documents will be available.

2 At the commencement of the hearing, I asked Senior Counsel for the plaintiff if he could give an estimate as to when the matter might be ready for trial and how long any trial might take. Counsel was not in…

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Details
Case
[2007] WASC 179
Decision Date

CaseChat Overview and Summary

Meridian Oil NL was the plaintiff and Smyth was the defendant in a case before the Supreme Court of New South Wales. The plaintiff sought damages for breach of contract and for misleading and deceptive conduct. The defendant applied to strike out the plaintiff's statement of claim for want of prosecution. The court had to decide whether the plaintiff's delay in bringing the proceeding to trial was unreasonable and whether that delay had prejudiced the defendant to the extent that it was just to strike out the proceeding.

The court noted that there were no specific rules or precedents that could be applied to determine whether the delay was unreasonable. The application turned on its own facts and required a consideration of all the circumstances. The court found that the plaintiff had not acted with sufficient expedition and that the delay had caused some prejudice to the defendant. However, the court also found that the plaintiff had a good arguable case and that the prejudice to the defendant was not so serious as to warrant striking out the proceeding. The court dismissed the application.

Orders

Orders of the court

Application 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.