WESTERN AREAS EXPLORATION PTY LTD -v- STREETER [No 2] [2008] WASC 217
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2008] WASC 217 | |
| Case No: | CIV:2126/2006 | 28 JULY 2008 | |
| Coram: | LE MIERE J | 9/10/08 | |
| 21 | Judgment Part: | 1 of 1 | |
| Result: | Leave to use discovered documents and to amend writ and statement of claim granted Application for security for costs dismissed | ||
| B | |||
| PDF Version |
| Parties: | WESTERN AREAS EXPLORATION PTY LTD (ACN 076 025 066) TERRENCE ERNEST JAMES STREETER DAVID CHARLES COOPERS JUNGLE CREEK MINES PTY LTD (ACN 008 795 033) |
Catchwords: | Civil practice and procedure Pleadings Application for leave to amend writ and statement of claim Application for leave to use documents discovered in this action for the purposes of pleading and prosecuting a new proposed cause of action Discretion of the court Turns on own facts Corporations law Security for costs Application that the plaintiff provide security for the defendants' costs Whether there is credible testimony that there is reason to believe that the plaintiff will be unable to pay the costs of the defendants if they are successful in their defences Discretion of the court Turns on own facts Corporations Act 2001 (Cth) s 1335 |
Legislation: | Corporations Act 2001 (Cth), s 1335 |
Case References: | Allstate Life Insurance Co v ANZ Banking Group (1995) 57 FCR 360 Ariss v Express Interiors Pty Ltd (in liq) [1996] 2 VR 507 Buckley v Bennell Design & Constructions Pty Ltd (1974) 1 ACLR 301 FFE Minerals Australia Pty Ltd v Mining Australia Pty Ltd [2000] WASCA 69; 33 ACSR 739 Gemelle Investments Pty Ltd v Federal Commissioner of Taxation (1982) 1 ACLC 470 Huang v University of New South Wales (No 3) [2006] FCA 626; (2006) 154 FCR 16 Livingspring Pty Ltd v Kliger Partners [2008] VSCA 93; (2008) 66 ACSR 455 Mann v Medical Defence Union [1997] FCA 45 Queensland v J L Holdings Pty Ltd [1997] HCA 1; (1997) 189 CLR 146 Regal (Hastings) Ltd v Gulliver (1942) 1 All ER 378 SEA Food International Pty Ltd v Lam (1998) 16 ACLC 552 Sybron Corporation v Barclays Bank [1985] Ch 299 Temwood Holdings Pty Ltd v Oliver [1999] WASC 212 Wilden Pump Engineering Co v Fusfield [1985] FSR 581 Yandil Holdings Pty Ltd v Insurance Company of North America (1985) 3 ACLC 542 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
TERRENCE ERNEST JAMES STREETER
First Defendant
DAVID CHARLES COOPERS
Second Defendant
JUNGLE CREEK MINES PTY LTD (ACN 008 795 033)
Third Defendant
(Page 2)
Catchwords:
Civil practice and procedure - Pleadings - Application for leave to amend writ and statement of claim - Application for leave to use documents…
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- Case
- [2008] WASC 217
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the plaintiff should be granted leave to amend its writ and statement of claim to include the new cause of action, whether the plaintiff should be granted leave to use the discovered documents for the purposes of pleading and prosecuting the new cause of action, and whether the plaintiff should be ordered to provide security for the defendants' costs. The court had to consider the discretion available to it in each case, and whether the applications met the appropriate threshold.
The court found that the plaintiff had made out a prima facie case for the new cause of action, and that the discovered documents were relevant and admissible. The court also found that the plaintiff had not demonstrated that it was likely to be unable to pay the defendants' costs if they were successful in their defences. The court exercised its discretion to grant leave to amend the writ and statement of claim, and to use the discovered documents. However, the court dismissed the application for security for costs.
The court made orders granting leave to use discovered documents and to amend writ and statement of claim, and dismissed the application for security for costs.
Orders
Orders of the court
Leave to use discovered documents and to amend writ and statement of claim granted
Application for security for costs 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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