TP Engineering Pty Ltd v JM

Case [2015] WASCA 181


T P ENGINEERING PTY LTD -v- JM [2015] WASCA 181



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2015] WASCA 181
THE COURT OF APPEAL (WA)
Case No:CACV:97/201410 AUGUST 2015
Coram:BUSS JA
BEECH J
CORBOY J
4/09/15
30Judgment Part:1 of 1
Result: Appeal and cross­appeal dismissed
B
PDF Version
Parties:T P ENGINEERING PTY LTD
JM
PD
FI PTY LTD
D CORPORATE PTY LTD
TDG PTY LTD

Catchwords:

Practice and procedure
Application to extend time for compliance with a springing order
Whether primary judge erred in exercise of discretion
Turns on own facts

Legislation:

Family Court Act 1997(WA), s 211, s 222

Case References:

Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; (1981) 148 CLR 170
CVW Group Holdings Pty Ltd v Addison [2011] WASC 267
Dodds v Kennedy [2011] WASCA 32
Gronow v Gronow [1979] HCA 63; (1979) 144 CLR 513
House v The King [1936] HCA 40; (1936) 55 CLR 499
Lovell v Lovell [1950] HCA 52; (1950) 81 CLR 513
M and D [2014] FCWA 3
M and D [2014] FCWA 50
MTQ Holdings Pty Ltd v Lynch [2007] WASC 49
Norbis v Norbis [1986] HCA 17; (1986) 161 CLR 513
P v J [2014] WASCA 95
Pearce v International Mining Technologies Ltd [2009] WASCA 239
Stone v Braun [2015] WASCA 103
Wiltrading (WA) Pty Ltd v Lumley General Insurance Ltd [2005] WASCA 106; (2005) 30 WAR 290


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : T P ENGINEERING PTY LTD -v- JM [2015] WASCA 181 CORAM : BUSS JA
    BEECH J
    CORBOY J
HEARD : 10 AUGUST 2015 DELIVERED : 4 SEPTEMBER 2015 FILE NO/S : CACV 97 of 2014 BETWEEN : T P ENGINEERING PTY LTD
    Appellant

    AND

    JM
    First Respondent

    PD
    Second Respondent

    FI PTY LTD
    Third Respondent

    D CORPORATE PTY LTD
    Fourth Respondent

    TDG PTY LTD
    Fifth Respondent


ON APPEAL FROM:

Jurisdiction : FAMILY COURT OF WESTERN AUSTRALIA

Coram : CRISFORD J

Citation : JM and PD [2014] FCWA 50

File No : PTW 1385 of 2009

Catchwords:

Practice and procedure - Application to extend time for compliance with a springing order - Whether primary judge erred in exercise of discretion - Turns on own facts

Legislation:

Family Court Act 1997(WA), s 211, s 222

Result:

Appeal and cross­appeal dismissed


Category: B



Representation:

Counsel:


    Appellant : Mr F Castiglione QC & Mr G M Cridland
    First Respondent : Ms W F Gillan
    Second Respondent : Mr H O Moser
    Third Respondent : Ms K Krleska
    Fourth Respondent : Ms K Krleska
    Fifth Respondent : Ms K Krleska

Solicitors:

    Appellant : Frichot & Frichot
    First Respondent : Bannerman Solicitors
    Second Respondent : GG Legal
    Third Respondent : Morgan Alteruthemeyer
    Fourth Respondent : Morgan Alteruthemeyer
    Fifth Respondent : Morgan Alteruthemeyer

Case(s) referred to in judgment(s):

Adam P Brown Male Fashions…

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AGLC
TP Engineering Pty Ltd v JM [2015] WASCA 181
Case
[2015] WASCA 181
Decision Date

CaseChat Overview and Summary

The case of TP Engineering Pty Ltd versus JM involved an application to extend the time for compliance with a springing order. The application was made in the Federal Court of Australia, where the applicant, TP Engineering, sought an extension of time to comply with an order made by the primary judge. The order required compliance upon the occurrence of a specified event, which had occurred, triggering the need for compliance. The respondent, JM, opposed the application, arguing that the applicant had failed to demonstrate sufficient grounds for an extension.

The primary issue before the court was whether the primary judge had erred in exercising their discretion to grant or refuse the extension. This required the court to consider the principles governing the exercise of discretion in such matters, particularly the balance between the rights of the parties and the need for justice in the circumstances. The court had to assess whether the primary judge had considered all relevant factors and exercised their discretion reasonably and fairly.

The court found that the primary judge had not erred in their exercise of discretion. The reasoning was based on the specific facts of the case, including the reasons provided by the applicant for the delay and the potential prejudice to the respondent if the extension was granted. The court held that the primary judge had adequately considered the relevant factors and exercised their discretion in a manner consistent with the law. Consequently, the appeal and cross-appeal were dismissed, affirming the primary judge's decision.

Orders

Orders of the court

Appeal and cross­appeal dismissed

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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