SANGORA HOLDINGS PTY LTD & ANOR -v- HODDER & ANOR [2002] WASC 206
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2002] WASC 206 | |
| Case No: | CIV:1097/1996 | 16 JULY 2002 | |
| Coram: | ACTING MASTER CHAPMAN | 27/08/02 | |
| 15 | Judgment Part: | 1 of 1 | |
| Result: | Action dismissed | ||
| B | |||
| PDF Version |
| Parties: | SANGORA HOLDINGS PTY LTD (ACN 009 348 752) ACKHURST INVESTMENTS PTY LTD (ACN 009 349 801) JAMES HODDER GODFREY PEMBROKE LTD (formerly GODFREY WESTON LTD) |
Catchwords: | Practice and procedure Dismissal of action for want of prosecution Principles to be applied Inordinate delay Prejudice to the defendant |
Legislation: | Nil |
Case References: | Bishopgate Insurance Australia Ltd (In liq) v Deloitte Haskins & Sells, unreported; SCt of Vic; No 4901 of 1989; 9 September 1994 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Duke v Royalstar Pty Ltd [2001] WASCA 273 Jakovljevic v L & B Doslov [2000] WASCA 131 Sangora Holdings Pty Ltd & Anor v Louis & Ors [2001] WASC 232 Birkett v James [1978] AC 297 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Commonwealth of Australia v Brinkworth, unreported; FCt SCt of WA; Library No 990045; 10 February 1999 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- First Plaintiff
ACKHURST INVESTMENTS PTY LTD (ACN 009 349 801)
Second Plaintiff
AND
JAMES HODDER
First Defendant
GODFREY PEMBROKE LTD (formerly GODFREY WESTON LTD)
Second Defendant
Catchwords:
Practice and procedure - Dismissal of action for want of prosecution - Principles to be applied - Inordinate delay - Prejudice to the defendant
(Page 2)
Legislation:
Nil
Result:
Action dismissed
Category: B
Representation:
Counsel:
First Plaintiff : Mr M J McCusker QC & Mr E M Corboy
Second Plaintiff : Mr M J McCusker QC & Mr E M Corboy
First Defendant : Mr C L Zelestis QC
Second Defendant : Mr C L Zelestis QC
Solicitors:
First Plaintiff : Lewis Blyth & Hooper
Second Plaintiff : Lewis Blyth & Hooper
First Defendant : Freehills
Second Defendant : Freehills
Case(s) referred to in judgment(s):
Bishopgate Insurance Australia Ltd (In liq) v Deloitte Haskins & Sells, unreported; SCt of Vic; No 4901 of 1989; 9 September 1994
Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541
Duke v Royalstar Pty Ltd [2001] WASCA 273
Jakovljevic v L & B Doslov [2000] WASCA 131
Sangora Holdings Pty Ltd & Anor v Louis & Ors [2001] WASC 232
Case(s) also cited:
Birkett v James [1978] AC 297
Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541
Commonwealth of Australia v Brinkworth, unreported; FCt SCt of WA; Library No 990045; 10 February 1999
(Page 3)
- ACTING MASTER CHAPMAN:
The application
1 By way of chamber…
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- Case
- [2002] WASC 206
- Decision Date
CaseChat Overview and Summary
The court considered the principles of inordinate delay, explanation for the delay, hardship to the plaintiff if the action was dismissed, prejudice to the defendant if the action was allowed to proceed, and the conduct of the defendant in the litigation. The court found that the plaintiffs' explanation for the delay, which included the time taken to investigate and pursue related claims, was inadequate. The court also found that the defendants had suffered real prejudice due to the passage of time and the collapse of their insurance company, which would have responded to any damages awarded against them.
The court concluded that the delay was inordinate, the explanation for the delay was unsatisfactory, and the defendants had suffered real prejudice. Despite the plaintiffs' inability to maintain a fresh action due to the lapse of time, the court found it was not unjust to dismiss the action for want of prosecution. The court ordered the plaintiffs' action to be dismissed with costs to be determined.
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