Savcor Pty Ltd v Cathodic Protection International APS

Savcor Pty Ltd, a construction company, filed a claim against Cathodic Protection International APS, a company providing cathodic protection services, in the Federal Circuit Court. The dispute revolves around allegations of defective construction work and the subsequent pursuit of damages. The court was tasked with determining whether to set aside an earlier order granting an extension of time for service of the writ and whether to set aside the service of the writ itself. The plaintiff's application was based on claims of misrepresentation and lack of candour in the affidavit supporting the extension of time.

The legal issues before the court were whether the earlier order granting the extension should be set aside due to the alleged misrepresentation and lack of candour, and if the writ should be set aside due to the delay in entering an appearance. The court considered the effect of the unconditional appearance by the defendant and the subsequent delay in filing a defence. Additionally, the court weighed the relevance of the non-expiry of limitation periods at the time of the extension order and various other factors impacting the discretion to set aside the orders.

The court found that while the plaintiff's application was not without merit, the overall circumstances did not justify setting aside the earlier order or the service of the writ. The court highlighted the importance of the non-expiry of limitation periods and the entry of an unconditional appearance by the defendant as significant factors in its decision. The court concluded that the balance of convenience favoured maintaining the writ's service, despite the plaintiff's concerns regarding the delay and the defendant's conduct. The court did not set aside the earlier order or the writ's service.