JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: WANG -v- INTRINSIC PROJECT PTY LTD [No 2] [2023] WADC 132
CORAM: PALMER DCJ
HEARD: 2 NOVEMBER 2023
DELIVERED : 2 NOVEMBER 2023
FILE NO/S: CIV 5374 of 2022
BETWEEN: LEI WANG
Plaintiff
AND
INTRINSIC PROJECT PTY LTD
First Defendant
WILL LEE LEONG
Second Defendant
Catchwords:
Pleadings - Application to strike-out statement of claim - Whether the matters pleaded disclose a reasonable course of action - Whether the matters pleaded may prejudice, embarrass or delay fair trial of the action
Legislation:
Nil
Result:
Appeal dismissed
Application dismissed
Representation:
Counsel:
| Plaintiff | : | In person |
| First Defendant | : | Mr M N Blandford |
| Second Defendant | : | Mr M N Blandford |
Solicitors:
| Plaintiff | : | Not applicable |
| First Defendant | : | Hoe Lawyers |
| Second Defendant | : | Hoe Lawyers |
Case(s) referred to in decision(s):
Built Environs WA Pty Ltd v Perth Airport Pty Ltd [No 4] [2020] WASC 382
Cheney v Moore [2020] WASC 227
Day v William Hill (Park Lane) Ltd [1949] 1 KB 632
English v Vantage Holdings Group Pty Ltd [2021] WASCA 47
Kezic v St John of God Health Care Inc [2015] WASCA 220
Technip Oceania Pty Ltd v Cutmere Pty Ltd [2019] WASC 478
Vantage Holdings Group Pty Ltd v Donnelly [No 4] [2019] WASC 398
PALMER DCJ:
Introduction
This is an appeal from a decision made by Registrar Jeyamohan on 12 May 2023 to dismiss an application (Application) made by the defendants to strike out the statement of claim or paragraphs of the statement of claim pursuant to O 20 r 19(1)(a) or O 20 r 19(1)(c) of the Rules of the Supreme Court 1971 (WA) (RSC).
At the hearing of the appeal I indicated that I would dismiss the Application and I would publish reasons for my decision later. These are those reasons.
The plaintiff owns a parcel of land in Doubleview (Land).[1]
[1] Amended Statement of Claim dated 23 March 2023 (Amended Statement of Claim), par 1.
On 30 December 2020, the first defendant and the plaintiff entered into a written agreement (Contract) for the first defendant to construct a house on the Land.[2] The second defendant is the first defendant's sole director and signed the Contract on behalf of the first defendant.[3]
[2] Amended Statement of Claim, par 4.
[3] Amended Statement of Claim, pars 3 - 4.
In the Amended Statement of Claim, the plaintiff alleges that the first defendant repudiated the Contract and the plaintiff accepted that repudiation by issuing the writ that commenced these proceedings, or by giving a written notice of termination on 23 November 2022.[4]
[4] Amended Statement of Claim, pars 11 - 26.
The plaintiff seeks damages for breach of contract,[5] return of a deposit that she paid[6] and damages for misleading and deceptive conduct.[7]
[5] Amended Statement of Claim, pars 25 - 29.
[6] Amended Statement of Claim, par 30.
[7] Amended Statement of Claim, pars 31 - 35.
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- Case
- [2023] WADC 132
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the claims made by Wang, as pleaded, disclosed a reasonable course of action and whether these claims could potentially prejudice, embarrass, or delay a fair trial of the action. The court had to determine if the proposed amendments to the statement of claim were permissible under the circumstances and whether they would affect the fairness of the proceedings.
The court examined the principles governing applications to strike out pleadings and the criteria for determining whether a case should proceed. It considered the purpose of pleadings and the importance of ensuring that a plaintiff's claims are fair and not an abuse of the court process. The court also evaluated the potential impact of the proposed amendments on the fairness and efficiency of the trial. After thorough deliberation, the court found that Wang's proposed amendments did not disclose a reasonable course of action and that they had the potential to prejudice, embarrass, or delay the fair trial of the action. Consequently, the application to strike out the statement of claim was dismissed.
The court's final orders were that the application to strike out the statement of claim was dismissed, and Wang was required to adhere to the original statement of claim as filed. This decision underscored the importance of ensuring that pleadings are both fair and reasonable, and that they do not unduly prejudice or delay the proceedings.
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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