MTQ HOLDINGS PTY LTD -v- LYNCH & ORS [2007] WASC 49
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2007] WASC 49 | |
| Case No: | CIV:2557/2004 | 9 FEBRUARY 2007 | |
| Coram: | MASTER NEWNES | 18/03/07 | |
| 17 | Judgment Part: | 1 of 1 | |
| Result: | Application for extension of time dismissed | ||
| B | |||
| PDF Version |
| Parties: | MTQ HOLDINGS PTY LTD (ACN 104 520 934) RAYMOND JOHN LYNCH JOHN JOSEPH LINDEN CHARLES JUSTIN BRIAN BIRMINGHAM JOHN LEEDERT NOORDHOEK RCR TOMLINSON (ABN 81 008 898 486) |
Catchwords: | Practice and procedure Springing order Judgment entered following noncompliance with springing order Subsequent application to extend time for compliance Relevant principles |
Legislation: | Nil |
Case References: | Bomanite Pty Ltd v Slatex Corporation Australia Pty Ltd (1991) 32 FCR 379 Caribbean General Insurance Ltd v Frizzell Insurance Brokers Ltd [1994] 2 Lloyds Rep 32 Chesson v Green [2002] WASCA 67 FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 165 CLR 268 Hytec Information Systems Ltd v Coventry City Council [1997] 1 WLR 1666 Link Blocks (1981) Pty Ltd v Fullin [1986] WAR 187 Re Jokai Tea Holdings Ltd [1992] 1 WLR 1196 Samuels v Linzi Dresses Ltd [1981] QB 115 State of Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
RAYMOND JOHN LYNCH
JOHN JOSEPH LINDEN
CHARLES JUSTIN BRIAN BIRMINGHAM
JOHN LEEDERT NOORDHOEK
First Defendants
RCR TOMLINSON (ABN 81 008 898 486)
Second Defendant
(BY ORIGINAL ACTION)
RAYMOND JOHN LYNCH
JOHN JOSEPH LINDEN
CHARLES JUSTIN BRIAN BIRMINGHAM
JOHN LEEDERT NOORDHOEK
First Plaintiffs
RCR TOMLINSON (ABN 81 008 898 486)
Second Plaintiff
AND
- MTQ HOLDINGS PTY LTD (ACN 104 520 934)
Defendant
(BY COUNTERCLAIM)
Catchwords:
Practice and procedure - Springing order - Judgment entered following noncompliance with springing order - Subsequent application to extend time for compliance - Relevant principles
Legislation:
Nil
Result:
Application for extension of time dismissed
Category: B
Representation:
Original Action
Counsel:
Plaintiff : Mr M L Bennett
First Defendants : Mr D M Stone
Second Defendant : Mr D M Stone
Solicitors:
Plaintiff : Lavan Legal
First Defendants : Williams & Hughes
Second Defendant : Williams & Hughes
(Page 3)
Counterclaim
Counsel:
First Plaintiffs : Mr D M Stone
Second Plaintiff : Mr D M Stone
Defendant : Mr M L Bennett
Solicitors:
First Plaintiffs : Williams & Hughes
Second Plaintiff : Williams & Hughes
Defendant : Lavan Legal
Case(s) referred to in judgment(s):
Bomanite Pty Ltd v Slatex Corporation Australia Pty Ltd (1991) 32 FCR 379
Caribbean General Insurance Ltd v Frizzell Insurance Brokers Ltd [1994] 2 Lloyds Rep 32
Chesson v Green [2002] WASCA 67
FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 165 CLR 268
Hytec Information…
Keep reading for free
Create a free CaseChat account to read MTQ Holdings Pty Ltd v Lynch and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2007] WASC 49
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the principles governing the extension of time for compliance with a springing order were applicable in this case and whether the application should be dismissed. The primary issue was whether the respondent's failure to vacate the property constituted a breach of the order, and if so, whether the court should grant an extension of time for compliance. The court also had to consider the relevant principles and precedents concerning the enforcement of springing orders and the granting of extensions of time.
The court found that the principles governing the extension of time for compliance with a springing order did not apply in this case. The respondent's failure to vacate the property constituted a clear breach of the order. The court held that the principles for granting extensions of time for compliance with orders were not intended to be used as a means to avoid the consequences of non-compliance. The court emphasised the importance of enforcing orders and maintaining the integrity of the legal system. The application for an extension of time was dismissed, and the respondent was required to vacate the property immediately.
Orders
Orders of the court
Application for extension of time 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.