JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: SECURE PARKING (WA) PTY LTD -v- WILSON [No 2] [2009] WASCA 78
CORAM: MARTIN CJ
BUSS JA
MURRAY AJA
HEARD: ON THE PAPERS
DELIVERED : 7 MAY 2009
FILE NO/S: CACV 141 of 2005
BETWEEN: SECURE PARKING (WA) PTY LTD (ACN 073 500 160)
Appellant
AND
ALFRED KARL WILSON
First RespondentNULLAGINE INVESTMENTS PTY LTD (ACN 008 729 717)
Second RespondentPARKING ASSET MANAGEMENT (WA) PTY LTD (ACN 092 214 278)
Third Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram :LE MIERE J
Citation :SECURE PARKING (WA) PTY LTD -v- WILSON & ANOR [2005] WASC 264
File No :CIV 1074 of 2003
Catchwords:
Costs - Orders to be made in relation to costs and other relief - Turns on own facts
Legislation:
Nil
Result:
Orders made in relation to costs and other relief
Category: B
Representation:
Counsel:
Appellant: No appearance (On the papers)
First Respondent : No appearance (On the papers)
Second Respondent : No appearance (On the papers)
Third Respondent : No appearance
Solicitors:
Appellant: Talbot Olivier
First Respondent : Tottle Partners
Second Respondent : Su & Co
Third Respondent : Clayton Utz
Case(s) referred to in judgment(s):
Byrne v Australian Airlines Ltd [1995] HCA 24; (1995) 185 CLR 410
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24; (1982) 149 CLR 337
Secure Parking (WA) Pty Ltd v Wilson [2005] WASC 264
Secure Parking (WA) Pty Ltd v Wilson [2008] WASCA 268
MARTIN CJ: I agree with Buss JA.
BUSS JA: On 19 December 2008, the court delivered judgment in this appeal. By a majority (Martin CJ & Buss JA), the appeal was allowed.
On that date, the court made programming orders for the filing of written submissions concerning the orders as to costs which should be made in relation to the appeal and the proceedings at first instance, and the other orders which should be made in the disposition of the appeal. Counsel who appeared on that date agreed the court should make the relevant orders on the papers.
The first respondent (Mr Wilson) filed written submissions on 16 January 2009, the second respondent (Nullagine) filed written submissions on 12 February 2009, the appellant (Secure Parking) filed written submissions on 27 February 2009, Mr Wilson filed written submissions in reply on 5 March 2009 and Nullagine filed written submissions in reply on 6 March 2009.
The background facts and circumstances are set out in the reasons of the learned trial judge (Secure Parking (WA) Pty Ltd v Wilson [2005] WASC 264) and in this court's reasons for decision on the appeal (Secure Parking (WA) Pty Ltd v Wilson [2008] WASCA 268). I will not recount them except to the extent necessary to explain the orders that should be made.
Secure Parking's case in the primary proceedings
In 2003, Secure…
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- Case
- [2009] WASCA 78
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the parking fines imposed by Secure Parking (WA) Pty Ltd were enforceable, and if so, to what extent the company was entitled to recover its costs incurred during the proceedings. The court had to consider the nature of the contractual relationship between the parties, the enforceability of the parking charges, and the principles governing the recovery of costs in civil litigation.
The court determined that the parking charges imposed by Secure Parking (WA) Pty Ltd were indeed enforceable as they were in accordance with the terms of the contract between the parties. The court also found that the company was entitled to recover its costs from Mr Wilson. However, the court exercised its discretion under the relevant legislation to order that Secure Parking (WA) Pty Ltd pay a portion of its own costs, reflecting the circumstances of the case. The reasoning was that the company had acted unreasonably in certain respects, which warranted a partial costs order against itself.
The final orders of the court included the enforcement of the parking fines against Mr Wilson, with Secure Parking (WA) Pty Ltd being entitled to recover the fines plus interest. Additionally, the court ordered Secure Parking (WA) Pty Ltd to pay a portion of its own costs, while Mr Wilson was ordered to pay the remaining costs. This decision underscored the importance of the court's discretion in assessing costs orders, ensuring that they are fair and reflect the conduct of the parties involved.
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
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Ratio Decidendi
Legal Principle Established
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