Project Planning and Management (WA) Pty Ltd v Kinrade Australia Pty Ltd

The case of Project Planning and Management (WA) Pty Ltd v Kinrade Australia Pty Ltd involves an appeal by the plaintiff, Project Planning and Management (WA) Pty Ltd, against the decision of Registrar C Boyle of the Supreme Court of Western Australia. The plaintiff's action was dismissed by the Registrar on 13 December 2002, following an application by the defendants, Kinrade Australia Pty Ltd and others, to strike out the plaintiff's statement of claim. The plaintiff's application for an extension of time to file a minute of a proposed amended statement of claim was dismissed by the Registrar. The plaintiff appealed this decision, arguing that the Registrar's orders should be set aside and that the action should not have been struck out.

The primary legal issue before the court was whether the appeal from the Registrar's decision was by way of a rehearing or a hearing de novo. The plaintiff contended that the appeal should be a hearing de novo, allowing the court to exercise its full discretion, while the defendants argued for a rehearing, which would require the plaintiff to demonstrate error in the Registrar's decision. The court considered authorities on the distinction between a rehearing and a hearing de novo and concluded that, given the nature of the Registrar's delegated powers, the appeal should be treated as a hearing de novo.

The court found that the plaintiff's solicitors had been dilatory in managing the litigation but had made an application for an extension of time, which should have been granted with a warning of the consequences of non-compliance. The court held that the Registrar's decision to strike out the action without providing adequate warning was improper. Consequently, the appeal was allowed, the Registrar's orders were set aside, and the case was remitted for further proceedings.

In light of the decision, the court will hear the parties on the appropriate form of orders and the allocation of costs.