Pier (WA) Pty Ltd as trustee for Isandi Trust v Jean Maurice Pty Ltd (in Liq) [No 7]

Pier (WA) Pty Ltd as trustee for Isandi Trust brought an application against Jean Maurice Pty Ltd (in Liq) seeking an order for the defendants to pay $1.6 million into court or deliver 29 gold ingots, or alternatively, to pay costs. The case was heard in the Supreme Court of Western Australia. The primary legal issue was whether the court had the jurisdiction to grant the defendants an extension of time to comply with previous orders, and if so, whether it should exercise that jurisdiction in the circumstances of the case.

The court examined the defendants' amended application, which sought an extension of time to comply with the court's previous orders. The court found that the defendants were not seeking an extension of time to comply with the original orders, but rather, were seeking a different outcome. The court held that it had the jurisdiction to grant an extension of time under RSC (WA) O 3, r 5(1) and (2), but that the defendants' application did not meet the requirements for such an extension. The court also noted that the defendants' former lawyer had been involved in the case as independent counsel, and that the defendants' former clients had refused to waive privilege. The court concluded that the application should be dismissed.

In light of the above, the court dismissed the defendants' application and ordered that the defendants pay the plaintiff's costs of the application on an indemnity basis. The court also noted that the defendants' former lawyer was not entitled to costs for his involvement as independent counsel. The court further noted that the defendants' former clients were not liable for costs in relation to the waiver of privilege.