JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: STUART -v- HANNA [No 3] [2018] WASC 208
CORAM: TOTTLE J
HEARD: 27 JUNE 2018
DELIVERED : 27 JUNE 2018
FILE NO/S: CIV 1997 of 2012
BETWEEN: RICHARD ANTHONY STUART
Plaintiff
AND
JULIAN PHILIP HANNA
First Defendant
TERRENCE RONALD GRAMMER
Second Defendant
Catchwords:
Practice and procedure - Pleadings - Application for leave to amend - Statement of claim - Writ of summons - Where new cause of action raised - Where leave sought at late stage of application - Whether reasonable cause of action disclosed - Whether defendants prejudiced
Legislation:
Rules of the Supreme Court 1971 (WA), O 1 r 4A, O 1 r 4B
Result:
Application dismissed
Category: B
Representation:
Counsel:
| Plaintiff | : | Mr S J Howells |
| First Defendant | : | Mr J A Thomson SC & Mr S D Hubbard |
| Second Defendant | : | Mr D Molony |
Solicitors:
| Plaintiff | : | Ilberys Lawyers |
| First Defendant | : | DLA Piper |
| Second Defendant | : | Armeli & Molony Lawyers |
Case(s) referred to in decision(s):
Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175
Elliott v Seymour (1999) FCA 976
General Steel Industries v Commissioner for Railways (1964) 112 CLR 125
Great Southern Finance Pty Ltd (in liq) v Rhodes [2014] WASC 431
Hightime Investments Pty Ltd v Lungan (No 2) [2010] WASC 296
R v Associated Northern Collieries [1911] HCA 73; (1911) 14 CLR 387
Samsung C & T Corporation v Loots [2016] WASC 330
TOTTLE J:
Introduction
This is an application for leave:
(a)to amend the writ of summons filed on 6 December 2012 by joining two additional defendants, Mr Richard Yeates as the third defendant, and Mr Terrence Streeter as the fourth defendant; and
(b)to re-amend the statement of claim to raise a new cause of action against Mr Hanna, who is the first defendant, and Mr Yeates and Mr Streeter, being a claim of damages for 'unlawful means' conspiracy.
The application is brought by a chamber summons issued on 30 April 2018. The chamber summons was supported by an affidavit affirmed by Mr Stuart, the plaintiff, on 6 April 2018. A number of paragraphs to Mr Stuart's affidavit were struck out on the basis that they contained inadmissible material.
Background
The events that are the subject of this action took place between 1999 and July 2011. Progress in the action has been slow. Save for the possibility of the further amendment to the statement of claim raised by the present application, pleadings have closed.
The parties have filed their witness statements on issues concerning liability.[1] There were delays by the defendants in filing their witness statements. A number of statements were filed later than required by the original case management orders, albeit that Mr Stuart consented to extensions of time.
[1] A direction was made at an earlier stage in the proceedings that the liability…
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- AGLC
- Stuart v Hanna [No 3] [2018] WASC 208
- Case
- [2018] WASC 208
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the plaintiff had disclosed a reasonable cause of action that warranted leave to amend her statement of claim, particularly at such an advanced stage in the proceedings. Additionally, the court had to consider whether granting leave to amend would cause any prejudice to the defendants, Hanna. The court's task was to balance the plaintiff's right to amend her pleadings with the need to avoid unnecessary delay and potential prejudice to the defendants.
The court found that the plaintiff had disclosed a reasonable cause of action that, if proven, could potentially entitle her to relief. However, the court also weighed the fact that the application for leave to amend was made at a late stage, which could potentially prejudice the defendants. The court concluded that, while the new cause of action was reasonable, the prejudice to the defendants outweighed the plaintiff's right to amend her pleadings. Consequently, the court refused the application for leave to amend the statement of claim.
In summary, the court held that the plaintiff's new cause of action was reasonable, but the late stage of the proceedings and the potential prejudice to the defendants led to the denial of the application for leave to amend the statement of claim. The plaintiff's application was dismissed, and no amendment was permitted.
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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