The Owners of SP13443, 129 - 133 Eighth Avenue, Maylands v The Owners of 135 Eighth Avenue, Maylands (Survey Strata Plan 44698)

The owners of the property located at 129-133 Eighth Avenue, Maylands sought to bring a legal action against the owners of the property at 135 Eighth Avenue, Maylands. The dispute involved matters pertaining to strata title, specifically regarding boundary lines and related issues. The case was heard in the Supreme Court of Western Australia.

The central legal issue before the court was whether the dismissal of the action, as per rule 44G of the District Court Rules 2005, could be set aside. The applicants argued that there were exceptional circumstances warranting the setting aside of the dismissal. The court was required to determine if the applicants had satisfied the threshold for establishing such exceptional circumstances under rule 44G(5).

The court found that the applicants had demonstrated exceptional circumstances that justified the setting aside of the dismissal. The applicants had acted promptly in seeking to reinstate the action and had provided a plausible explanation for their delay. The court noted that the applicants had not acted in a manner that would prejudice the respondent or cause unnecessary expense. The judge concluded that the dismissal was not in the interests of justice and granted the application to set aside the dismissal. Consequently, the appeal was allowed, and the dismissal of the action was set aside.