Tipperary Developments Pty Ltd v The State of Western Australia

Tipperary Developments Pty Ltd sought to recover $27 million from the State of Western Australia. The State filed an application to strike out Tipperary's claim for want of prosecution. The key legal issues were the length of the delay, the explanation for the delay, the hardship to the plaintiff if the action was dismissed, the prejudice to the defendant if the action was allowed to proceed notwithstanding the delay, and the conduct of the defendant in the litigation. The Supreme Court of Western Australia found that the delay was inordinate, the explanation for the delay was unsatisfactory, the plaintiff would suffer hardship if the action was dismissed, and there was no particular prejudice to the defendant. The court also considered the defendant's counterclaim, which the defendant agreed to discontinue if the plaintiff's claim was struck out. The court ultimately struck out Tipperary's claim for want of prosecution, subject to the defendant's undertaking to discontinue the counterclaim.