JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: PEARCE -v- INTERNATIONAL MINING TECHNOLOGIES LIMITED [2009] WASCA 239
CORAM: PULLIN JA
NEWNES JA
HEARD: 8 DECEMBER 2009
DELIVERED : 23 DECEMBER 2009
FILE NO/S: CACV 58 of 2009
BETWEEN: ALAN FRANCIS PEARCE
First Appellant
TODD ANDREW PEARCE
Second AppellantA & T PEARCE PTY LTD (ACN 093 787 369)
Third AppellantAND
INTERNATIONAL MINING TECHNOLOGIES LIMITED (ACN 088 606 464)
First RespondentRD CATALAN INVESTMENTS PTY LTD
Second Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram :BEECH J
Citation :PEARCE -v- INTERNATIONAL MINING TECHNOLOGIES LTD [2009] WASC 120
File No :CIV 2046 of 2007, CIV 1268 of 2008
Catchwords:
Practice and procedure - Appeal against dismissal of application for further and better particulars - Caution exercised by appellate court in reviewing interlocutory decision on matter of practice or procedure - Particular applicability to procedural decision of judge in CMC List
Legislation:
Nil
Result:
Leave to appeal refused
Category: B
Representation:
Counsel:
First Appellant : Mr M J McPhee
Second Appellant : Mr M J McPhee
Third Appellant : Mr M J McPhee
First Respondent : Mr J C Giles
Second Respondent : Mr J C Giles
Solicitors:
First Appellant : M J McPhee Barrister & Solicitor
Second Appellant : M J McPhee Barrister & Solicitor
Third Appellant : M J McPhee Barrister & Solicitor
First Respondent : Tottle Partners
Second Respondent : Tottle Partners
Case(s) referred to in judgment(s):
Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170
Pearce v International Mining Technologies Ltd [2009] WASC 120
Re the Will of FB Gilbert (Dec) (1946) 46 SR (NSW) 318
The State of Western Australia v Bond Corporation Holding Ltd (1991) 5 WAR 40
Wilson v Metaxas [1989] WAR 285
JUDGMENT OF THE COURT: On 8 December 2009, we dismissed the appellants' application for leave to appeal against a decision of Beech J of 8 May 2009 in which his Honour dismissed the appellants' application for further and better particulars of the respondents' amended defence and counterclaim: Pearce v International Mining Technologies Ltd [2009] WASC 120. We said we would provide reasons for our decision later. These are our reasons.
The relevant pleadings
In the statement of claim, filed on 4 April 2008, the appellants allege that they were employed by the first respondent as executive directors pursuant to written contracts of service. They allege that under those contracts they were entitled to various benefits in the event of the termination of their employment. The appellants plead that their contracts were terminated without notice and they did not receive the benefits to which they were entitled.
In the amended defence and counterclaim, filed 12 December 2008, the first respondent denies the contracts of employment and, in the alternative, says that if the first respondent entered into any employment agreements with the appellants, those agreements were rescinded by the…
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- Pearce v International Mining Technologies Ltd [2009] WASCA 239
- Case
- [2009] WASCA 239
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the appellants were entitled to appeal against the dismissal of their application for further and better particulars. The court had to determine whether Beech J's decision was an interlocutory order of a procedural nature, which would require the appellants to demonstrate special circumstances to appeal against it. The court also needed to consider whether the appellants' application for further and better particulars was appropriate, particularly in the context of the detailed schedules provided in the respondents' pleadings.
The Court of Appeal dismissed the appellants' application for leave to appeal. The court held that Beech J's decision was an interlocutory order of a procedural nature and, as such, required the appellants to demonstrate special circumstances to appeal. The court found that the appellants had not shown such circumstances. The court further noted that the respondents had provided detailed schedules itemising the alleged ineligible expenditure, which provided a sufficient basis for the appellants to respond to the counterclaim. The court exercised caution in reviewing the interlocutory decision, recognising the particular applicability of procedural rules in the CMC List.
In light of the above, the Court of Appeal dismissed the appellants' application for leave to appeal and affirmed the decision of Beech J. The court did not provide specific orders beyond the dismissal of the 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
Ratio Decidendi
Legal Principle Established
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