JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: WARD -v- KEET [No 3] [2010] WASC 71
CORAM: MURPHY J
HEARD: 1 APRIL 2010
DELIVERED : 9 APRIL 2010
FILE NO/S: CIV 1566 of 2006
BETWEEN: SUSAN ANNE WARD as executrix of the estate of DOROTHY MURIEL LUKIN
First-named First Plaintiff
JULIA MURIEL LAURISSON as executrix of the estate of DOROTHY MURIEL LUKIN
Second-named First PlaintiffSUSAN ANNE WARD as administratrix of the incapable estate of LOUISE LUKIN
First-named Second PlaintiffJULIA MURIEL LAURISSON as administratrix of the incapable estate of LOUISE LUKIN
Second-named Second PlaintiffLAKE WAY STATION PTY LTD (ACN 008 667 169)
Third PlaintiffAND
JOHN FRANCIS DESMOND KEET
First DefendantNATIONAL AUSTRALIA BANK LTD (ACN 004 044 937)
Second DefendantHENDRIK JOHANNES GERHARDUS JOUBERT t/as JOUBERT & BAIN
First Third PartyCLIVE STEWART BAIN
Second Third Party
Catchwords:
Practice and procedure - Springing order - Noncompliance with springing order - Subsequent application to extend time for compliance - Whether an extension of time would be in the interests of justice - Turns on own facts
Legislation:
Nil
Result:
Application for extension of time dismissed
Category: B
Representation:
Counsel:
First-named First Plaintiff : Mr B G Grubb
Second-named First Plaintiff : Mr B G Grubb
First-named Second Plaintiff : Mr B G Grubb
Second-named Second Plaintiff : Mr B G Grubb
Third Plaintiff : Mr B G Grubb
First Defendant : Mr R W Bower
Second Defendant : Mr J Lin
First Third Party : No appearance
Second Third Party : Mr D B Shaw
Solicitors:
First-named First Plaintiff : Metaxas & Hager
Second-named First Plaintiff : Metaxas & Hager
First-named Second Plaintiff : Metaxas & Hager
Second-named Second Plaintiff : Metaxas & Hager
Third Plaintiff : Metaxas & Hager
First Defendant : Corser & Corser
Second Defendant : Jackson McDonald
First Third Party : No appearance
Second Third Party : DLA Phillips Fox
Case(s) referred to in judgment(s):
Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175
Bentley v Gaisford [1997] QB 627
Kokos International Pty Ltd v Libra Motors Pty Ltd [2009] WASC 90
MTQ Holdings Pty Ltd v Lynch [2007] WASC 49
Rafferty v Time 2000 West Pty Ltd (No 3) [2009] FCA 727; (2009) 257 ALR 503
Swansdale Pty Ltd v Whitcrest Pty Ltd [2009] WASC 117
Ward v Keet [No 2] [2009] WASC 369
MURPHY J:
Introduction
The first defendant applied by chamber summons dated 17 March 2010 to extend, until 4 pm 1 April 2010, the time for compliance with certain directions made on 11 December 2009 and orders made on 5 March 2010.
The orders made on 5 March 2010 are springing orders, and required compliance by 12 March 2010. The summons came on for hearing on 1 April 2010, and the first defendant's counsel said, in effect, that even if the relief sought in the summons were granted, the first defendant would still not be able to comply…
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- AGLC
- Ward v Keet [No 3] [2010] WASC 71
- Case
- [2010] WASC 71
- Decision Date
CaseChat Overview and Summary
The court considered the principles guiding extensions of time in family law matters, along with relevant precedent and statutory provisions. It was noted that the decision to grant an extension of time is discretionary and depends on the particular circumstances of each case. The court examined the reasons for non-compliance, the potential impact on the parties and any children involved, and the likelihood of the conditions being met if an extension were granted. In assessing the interests of justice, the court balanced the need for finality in family law proceedings with the importance of achieving a just outcome for the parties.
After carefully weighing the evidence and arguments presented, the court determined that granting an extension of time would not be in the interests of justice. The court found that the party seeking the extension had not demonstrated sufficient justification for the delay and that the potential benefits of an extension did not outweigh the detriment to the other party and the overall interests of justice. Consequently, the court refused the application to extend the time for compliance with the springing order.
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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