NOYE & ANOR -v- ROBBINS [2005] WASC 137
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2005] WASC 137 | |
| Case No: | CIV:2231/1999 | 30 MAY & 1 JUNE 2005 | |
| Coram: | EM HEENAN J | 1/06/05 | |
| 16 | Judgment Part: | 1 of 1 | |
| Result: | Action by co-plaintiffs severed Separate claims by each plaintiff ordered against each defendant separately Orders for separate legal representation for each plaintiff New pleadings ordered Adjournment of unrepresented plaintiff's actions on terms Joint trials for remaining plaintiff's actions against separate defendants | ||
| A | |||
| PDF Version |
| Parties: | JEFFREY HOWARD NOYE LINDSAY GORDON RODDAN STEPHEN JOHN ROBBINS LYNETTE BERYL CRIMMINS |
Catchwords: | Practice and procedure Adjournment Joinder of causes of action by co-plaintiffs Severance Necessity for same series of transactions Conflict of interest of co-plaintiffs Separate legal representation Separate causes of action against different defendants Need for separate claims against each defendant Consolidation or joint trials |
Legislation: | Rules of the Supreme Court 1971 (WA) |
Case References: | Dean-Willcocks v Air Transit International Pty Ltd (2002) 55 NSWLR 64 Goold & Porter Pty Ltd v Housing Commission [1974] VR 102 Payne v Young (1980) 145 CLR 609 Re Matthews [1905] 2 Ch 460 Re Wright [1895] 2 Ch 747 Nil |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- LINDSAY GORDON RODDAN
Plaintiffs
AND
STEPHEN JOHN ROBBINS
Defendant
- LINDSAY GORDON RODDAN
Plaintiffs
AND
LYNETTE BERYL CRIMMINS
Defendant
(Page 2)
Catchwords:
Practice and procedure - Adjournment - Joinder of causes of action by co-plaintiffs - Severance - Necessity for same series of transactions - Conflict of interest of co-plaintiffs - Separate legal representation - Separate causes of action against different defendants - Need for separate claims against each defendant - Consolidation or joint trials
Legislation:
Rules of the Supreme Court 1971 (WA)
Result:
Action by co-plaintiffs severed
Separate claims by each plaintiff ordered against each defendant separately
Orders for separate legal representation for each plaintiff
New pleadings ordered
Adjournment of unrepresented plaintiff's actions on terms
Joint trials for remaining plaintiff's actions against separate defendants
Category: A
Representation:
CIV 2231 of 1999
Counsel:
First-named Plaintiff : Mr D P A Moen
Second-named Plaintiff : Mr G M Irving
Defendant : Mr M T KcKenna
Solicitors:
First-named Plaintiff : Michael Rennie
Second-named Plaintiff : George M Irving (pro bono)
Defendant : Hunt & Humphry
(Page 3)
CIV 2490 of 2000
Counsel:
First-named Plaintiff : Mr D P A Moen
Second-named Plaintiff : Mr G M Irving
Defendant : Mr J D Allanson
Solicitors:
First-named Plaintiff : Michael Rennie
Second-named Plaintiff : George Irving (pro bono)
Defendant : Lewis Blyth & Hooper
Case(s) referred to in judgment(s):
Dean-Willcocks v Air Transit International Pty Ltd (2002)…
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- Noye v Robbins [2005] WASC 137
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- [2005] WASC 137
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CaseChat Overview and Summary
The primary legal issues before the court were whether the co-plaintiffs' causes of action stemmed from the same series of transactions, and whether there was a conflict of interest that necessitated separate legal representation. Additionally, the court had to determine if the co-plaintiffs' separate claims against different defendants warranted severance, and whether separate claims against each defendant should be pursued independently or if consolidation or joint trials were appropriate.
The court found that the co-plaintiffs' causes of action did not arise from the same series of transactions and that there was a conflict of interest between them, thus requiring separate legal representation. The court concluded that because the co-plaintiffs had separate claims against different defendants, these claims needed to be pursued independently. The court ordered the severance of the co-plaintiffs' actions, mandated separate legal representation for each plaintiff, and directed the filing of new pleadings. Furthermore, the court ordered an adjournment for the actions of the unrepresented plaintiff on specific terms, and allowed for joint trials for the remaining plaintiff's actions against the separate defendants.
In summary, the court's decision effectively dismantled the joint action, requiring each co-plaintiff to pursue their claims separately against their respective defendants, with the possibility of joint trials for some actions.
Orders
Orders of the court
Action by co-plaintiffs severed
Separate claims by each plaintiff ordered against each defendant separately
Orders for separate legal representation for each plaintiff
New pleadings ordered
Adjournment of unrepresented plaintiff's actions on terms
Joint trials for remaining plaintiff's actions against separate defendants
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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