Milltec Australia Pty Ltd v Burnes

Milltec Australia Pty Ltd (the appellant) appealed to the Full Court of the Supreme Court of Western Australia against orders made by Cripps AJ. The dispute concerned the appellant's claim against the first respondent, Mr Burnes, for an alleged wrongful sale of certain equipment.

The Full Court was required to determine whether the appeal was competent, particularly in light of the amount involved, and whether the appellant had established a cause of action entitling it to a declaration and inquiry as to damages. The court also considered whether to grant leave to appeal on specific grounds.

The court found that the appeal as of right was incompetent due to the amount involved not being capable of reasonable support. However, leave to appeal was granted on limited grounds. The court reasoned that a claim for a declaration and inquiry into damages is misconceived if the underlying cause of action has not been established at trial. Nevertheless, the court allowed the appeal in part, declaring that the first respondent was accountable to the appellant for a profit of $21,500 made from the sale of specific equipment.

Consequently, the court ordered the first respondent to pay $21,500 to the appellant, together with interest. The remaining aspects of the appeal were dismissed, with the orders of Cripps AJ confirmed. The appellant was ordered to pay one-half of the respondents’ costs of the appeal, the objection to competency, and the summons for leave to appeal.