Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd

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WRIGHT PROSPECTING PTY LIMITED -v- HANCOCK PROSPECTING PTY LIMITED [2013] WASC 248



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2013] WASC 248
Case No:CIV:2617/201227 FEBRUARY 2013
Coram:LE MIERE J2/07/13
29Judgment Part:1 of 1
Result: Application for leave to apply for summary judgment out of time granted
Application for summary judgment dismissed
Application to strike out the statement of claim granted
B
PDF Version
Parties:WRIGHT PROSPECTING PTY LIMITED
HANCOCK PROSPECTING PTY LIMITED
HOPE DOWNS IRON ORE PTY LTD

Catchwords:

Practice and procedure
Application for leave to apply for summary judgment out of time
Application for summary judgment
Rules of the Supreme Court 1971 (WA) O 16
Turns on own facts
Practice and procedure
Application to strike out statement of claim
Turns on own facts

Legislation:

Mining Act 1904 (WA)
Mining Act 1978 (WA)
Rules of the Supreme Court 1971 (WA), O 16

Case References:

Agar v Hyde [2000] HCA 41; (2000) 201 CLR 552
Aon Risk Services Pty Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175
Australian Anglo American Prospecting Ltd v CRA Exploration Pty Ltd [1981] WAR 97
Australian Broadcasting Commission v Australasian Performing Right Association Limited [1973] HCA 36; (1973) 129 CLR 99
Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 27; (2006) 226 CLR 256
Clegg v Edmondson (1857) 44 ER 593
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24; (1982) 149 CLR 337
Duke v Royalstar Pty Ltd [2001] WASCA 273
Ernest v Vivian (1863) 33 LJ Ch 513
General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125
Hancock Prospecting Pty Ltd v Wright Prospecting Pty Ltd [2012] WASCA 216
Nicholas v Western Australia [1972] WAR 168
Spencer v Commonwealth [2010] HCA 28; (2010) 241 CLR 118
Streeter v Western Areas Exploration Pty Ltd [No 2] [2011] WASCA 17; (2011) 278 ALR 291
The Commonwealth of Australia v The State of Western Australia [1999] HCA 5; (1999) 196 CLR 392
Western Export Services Inc v Jireh International Pty Ltd (2011) 86 ALJR 1
Wright Prospecting Pty Limited v Hancock Prospecting Pty Limited [No 2] [2010] WASC 16


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : WRIGHT PROSPECTING PTY LIMITED -v- HANCOCK PROSPECTING PTY LIMITED [2013] WASC 248 CORAM : LE MIERE J HEARD : 27 FEBRUARY 2013 DELIVERED : 2 JULY 2013 FILE NO/S : CIV 2617 of 2012 BETWEEN : WRIGHT PROSPECTING PTY LIMITED
    Plaintiff

    AND

    HANCOCK PROSPECTING PTY LIMITED
    First Defendant

    HOPE DOWNS IRON ORE PTY LTD
    Second Defendant

Catchwords:

Practice and procedure - Application for leave to apply for summary judgment out of time - Application for summary judgment - Rules of the Supreme Court 1971 (WA) O 16 - Turns on own facts



Practice and procedure - Application to strike out statement of claim -…
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Details
Case
[2013] WASC 248
Decision Date

CaseChat Overview and Summary

Wright Prospecting Pty Ltd brought proceedings against Hancock Prospecting Pty Ltd, seeking relief for alleged breaches of contract. The dispute was heard in the Supreme Court of Western Australia. The central issue before the court was whether Wright Prospecting was entitled to apply for summary judgment outside the usual time constraints and whether the statement of claim should be struck out. The court considered the procedural history and the arguments presented by both parties regarding the timeliness of the application for summary judgment and the validity of the statement of claim.

The court determined that the application for leave to apply for summary judgment out of time should be granted, recognising that the matter turned on its own unique facts. However, the application for summary judgment itself was dismissed, as the court found that the plaintiff's case did not meet the criteria for such a judgment. Furthermore, the court held that the application to strike out the statement of claim should be granted, as it found that the statement of claim was invalid based on the specific circumstances of the case. The court's reasoning focused on the procedural aspects and the facts of the case, leading to the conclusion that the plaintiff's claims were not substantiated under the Rules of the Supreme Court 1971 (WA).

The court's final orders were that the application for leave to apply for summary judgment out of time was granted, the application for summary judgment was dismissed, and the application to strike out the statement of claim was granted. These orders reflect the court's assessment of the procedural issues and the substantive merits of the case as presented by the parties.

Orders

Orders of the court

Application for leave to apply for summary judgment out of time granted

Application for summary judgment dismissed

Application to strike out the statement of claim granted

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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