Ogbonna v Programmed Integrated Workforce Ltd [No 2]
Case
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[2022] WASCA 79
Details
AGLC
Case
Decision Date
Ogbonna v Programmed Integrated Workforce Ltd [No 2] [2022] WASCA 79
[2022] WASCA 79
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.
Details
Key Legal Topics
Areas of Law
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Civil Litigation & Procedure
Legal Concepts
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Appeal
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Jurisdiction
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Standing
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Limitation Periods
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Discovery & Disclosure
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Strike of Proceedings
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Res Judicata
Actions
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Most Recent Citation
Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 11] [2025] WASC 131
Cases Citing This Decision
32
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[2025] WADC 74
WA Glass Pty Ltd v Auto Control Systems Pty Ltd
[2024] WADC 108
Woolf v Sharma
[2024] WADC 68
Cases Cited
34
Statutory Material Cited
0
Ogbonna v Programmed Integrated Workforce Ltd [No 2]
[2020] WADC 150
Ogbonna v Programmed Integrated Workforce Ltd
[2020] WADC 75
Harris v Caladine
[1991] HCA 9