Ogbonna v Programmed Integrated Workforce Ltd [No 2]

Case [2022] WASCA 79


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   THE COURT OF APPEAL (WA)

CITATION:   OGBONNA -v- PROGRAMMED INTEGRATED WORKFORCE LTD [No 2] [2022] WASCA 79

CORAM:   QUINLAN CJ

MURPHY JA

BEECH JA

HEARD:   21 JUNE 2022

DELIVERED          :   12 JULY 2022

FILE NO/S:   CACV 123 of 2020

BETWEEN:   CELESTINE OGBONNA

Appellant

AND

PROGRAMMED INTEGRATED WORKFORCE LTD

First Respondent

PROGRAMMED FACILITY MANAGEMENT PTY LTD

Second Respondent

ON APPEAL FROM:

Jurisdiction              :   DISTRICT COURT OF WESTERN AUSTRALIA

Coram:   BOWDEN DCJ

Citation: OGBONNA -v- PROGRAMMED INTEGRATED WORKFORCE LTD [No 2] [2020] WADC 150

File Number            :   CIV 4215 of 2018


Catchwords:

Practice and procedure - Indorsement of writ - Where indorsement of writ by appellant contained no facts and merely described a cause of action - Whether defective indorsement - Limitation defence - Whether defective indorsement could be amended - Whether subsequent statement of claim cured irregularity - Whether statement of claim alleged new cause of action

Practice and procedure - Strike-out application by respondents filed out of time - Application for leave to extend time - Principles applicable to application for leave to extend time - Whether prejudice to appellant by reason of delay in application to strike out - Whether judge erred in granting extension of time

Practice and procedure - Appeal under pt 2 r 15(6) of District Court Rules - De novo review - Where deputy registrar had struck out indorsement and dismissed action - Whether deputy registrar's orders binding on parties pending determination of review to District Court judge under pt 2 r 15(6) of District Court Rules

Practice and procedure - Whether leave required to appeal from District Court judge's order dismissing action because action failed to disclose a reasonable cause of action

Legislation:

Limitation Act 2005 (WA), s 15, s 40, s 79
Rules of the Supreme Court 1971 (WA), O 2, O 3 r 5, O 6, O 20 r 19, O 21
District Court Rules 2005 (WA), pt 2 r 15

Result:

Leave to appeal refused
Appeal dismissed

Category:    B

Representation:

Counsel:

Appellant : In person
First Respondent : M C Goldblatt
Second Respondent : M C Goldblatt

Solicitors:

Appellant : In person
First Respondent : Herbert Smith Freehills
Second Respondent : Herbert Smith Freehills

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

AB v State of New South Wales [2014] NSWCA 243

ABB Service Pty Ltd v Hetherington [2001] WASCA 235

Belgravia Nominees Pty Ltd v Lowe Pty Ltd [2017] WASCA 127; (2017) 51 WAR 341

Boomalli Ltd v Hake [1985] WAR 7

FAI General Insurance Co Ltd v Southern Cross Exploration NL [1988] HCA 13; (1988) 165 CLR 268

Florida Investments Pty Ltd v Milstern (Holdings) Pty Ltd [1972] WAR 148

Fourmi Pty Ltd v Commissioner for Consumer Protection [2017] WASCA 69

Glendinning v Cuzens [2009] WASCA 21

Harris v Caladine [1991] HCA 9; 172 CLR 84

Hoffmans (a firm) v Ahmed [2021] WASCA 210

Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 186; (1984) 3 FCR…

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AGLC
Ogbonna v Programmed Integrated Workforce Ltd [No 2] [2022] WASCA 79
Case
[2022] WASCA 79
Decision Date

CaseChat Overview and Summary

The appeal was dismissed by the Court of Appeal. The Court found that the original writ of summons was defective, disclosing no reasonable cause of action. The Court also found that any amendment to the writ would constitute a new cause of action, which was statute-barred. The Court held that the appellant's action should be dismissed because no amendment to the writ was available. The Court also held that the primary judge was correct to allow the respondents' application to extend the time for filing the strike-out application and to strike out the indorsement on the writ. The Court found that the appellant's grounds of appeal had no merit. Finally, the Court held that leave to appeal was required and refused the appellant leave to appeal.

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

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