WRIGHT PROSPECTING PTY LTD -v- HANCOCK PROSPECTING PTY LTD [No 2] [2013] WASC 481
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2013] WASC 481 | |
| Case No: | CIV:3041/2010 | 26 SEPTEMBER 2013 | |
| Coram: | LE MIERE J | 26/09/13 | |
| 5 | Judgment Part: | 1 of 1 | |
| Result: | Plaintiff should pay the defendants' costs of the application | ||
| B | |||
| PDF Version |
| Parties: | WRIGHT PROSPECTING PTY LTD HANCOCK PROSPECTING PTY LTD HOPE DOWNS IRON ORE PTY LTD HAMERSLEY WA PTY LTD |
Catchwords: | Costs Variation of orders made by consent Turns on own facts |
Legislation: | Rules of the Supreme Court 1971 (WA), O 66 r 1 Supreme Court Act 1935 (WA), s 37(1) |
Case References: | Stanley v Layne Christensen Company [2006] WASCA 56 Western Australia Planning Commission; Ex Parte Solomon [2010] WASCA 236 (S) Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd [No 10] [2010] WASC 168 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
HANCOCK PROSPECTING PTY LTD
First Defendant
HOPE DOWNS IRON ORE PTY LTD
Second Defendant
HAMERSLEY WA PTY LTD
Third Party
Catchwords:
Costs - Variation of orders made by consent - Turns on own facts
Legislation:
Rules of the Supreme Court 1971 (WA), O 66 r 1
Supreme Court Act 1935 (WA), s 37(1)
Result:
Plaintiff should pay the defendants' costs of the application
Category: B
Representation:
Counsel:
Plaintiff : Mr A J Myers QC & Mr G A Thompson QC & Mr T J Palmer
First Defendant : Mr P J Brereton SC
Second Defendant : Mr P J Brereton SC
Third Party : Ms R A Collins
Solicitors:
Plaintiff : Clayton Utz
First Defendant : Jackson McDonald
Second Defendant : Jackson McDonald
Third Party : Allens
Case(s) referred to in judgment(s):
Stanley v Layne Christensen Company [2006] WASCA 56
Western Australia Planning Commission; Ex Parte Solomon [2010] WASCA 236 (S)
Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd [No 10] [2010] WASC 168
1 LE MIERE J: On 5 March 2013 the plaintiff filed a chamber summons seeking orders varying the confidentiality orders made on 24 May 2012. On 5 August 2013 I made orders varying the terms of the confidentiality orders. On 26 September 2013 I ordered the plaintiff to pay the costs of the application. This is an edited version of my ex tempore reasons for doing so.
2 In its written submissions, the plaintiff refers to the Supreme Court Act 1935 (WA) s 37(1) which confers a wide discretion on the court in relation to the award of costs and O 66 r 1 of the Rules of the Supreme Court 1971 (WA) which, without fettering the court's discretion, provides that the Court will generally order that the successful party to any action…
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- Case
- [2013] WASC 481
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the circumstances had sufficiently changed to justify the variation of the costs orders made by consent. The court had to consider the principles governing the variation of costs orders and whether the application by Wright Prospecting met the threshold for such a variation. Specifically, the court needed to determine whether the changes in circumstances were significant enough to warrant a re-evaluation of the costs orders and whether the application was made in good faith.
The court found that the application to vary the costs orders was not warranted. It held that the circumstances had not changed to the extent necessary to justify a variation of the previously agreed-upon costs orders. The court emphasised that variations of this kind should only be made in exceptional circumstances and when there is a clear and significant change in the factual matrix upon which the original orders were based. Given that the application did not meet these criteria, the court declined to vary the orders and instead ordered that Wright Prospecting pay Hancock Prospecting's costs of the application.
Orders
Orders of the court
Plaintiff should pay the defendants' costs of the application
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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