Western Power Corporation v Normandy Power Pty Ltd

In Western Power Corporation v Normandy Power Pty Ltd, the parties were engaged in a legal dispute in the Supreme Court of Western Australia. The case involved issues of jurisdiction to vary perfected orders, particularly in relation to an interlocutory order dismissing an application for further discovery and the associated costs order. Normandy Power Pty Ltd sought to vary the costs order on the basis that the original order was made on the wrong factual basis. The court had to decide whether the jurisdiction to vary the order existed, and if so, whether it should be exercised in this case.

The court found that the jurisdiction to vary a perfected order exists to prevent injustice to litigants, and it is not an unusual jurisdiction. However, the court must exercise this power with care and only in the most exceptional circumstances. The court considered the principles established in previous cases, which stated that a perfected order can be varied or discharged if there has been a change in the underlying circumstances or if the substratum of fact or law underpinning the order has changed. The court accepted that the facts had changed, as the plaintiff had discovered additional relevant documents after the order was made, which had not been known at the time of the decision.

The court concluded that this was an exceptional case where the court should intervene to rectify a situation that may perpetuate an injustice. The plaintiff's initial belief that all relevant documents had been discovered was incorrect, and this error influenced both the opposition to the application for further discovery and the judge's decision. The court decided to set aside the costs order and ordered that Western Power Corporation pay the costs of Normandy Power Pty Ltd's application for further discovery, to be agreed or taxed, with specific allowance for the preparation and attendance of senior counsel.