| Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd [No 3] (WASC) - pleadings - contract or legally binding promise asserted in statement of claim not sustainable - paragraphs struck out |
| Coffey LPM Pty Ltd v The Contaminated Sites Committee (WASC) - costs - fourth defendant successful party in opposing appeal - appellant to pay fourth defendant’s costs not including costs in relation to misconceived notice of contention |
| Summaries With Link (Five Minute Read) |
Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd [No 3] [2015] WASC 231
Supreme Court of Western Australia
Le Miere J
Pleadings - claim to entitlements in relation to mining tenements acquired by first defendant or its subsidiaries - first and second defendants sought to strike out parts of substituted statement of claim and reply - held: contract or legally binding promise asserted by plaintiff in paragraph of substituted statement of claim, which was foundation for the pleas in two subsequent paragraphs, was not sustainable - paragraphs of statement of claim struck out.
Wright
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Coffey LPM Pty Ltd v The Contaminated Sites Committee [2014] WASC 504
Supreme Court of Western Australia
Chaney J
Costs - appeal dismissed in proceedings - fourth respondent had appeared in opposition to appeal at hearing of matter and relied substantially on submissions made by intervener - fourth respondent made submissions in relation to contentions in 'Notice of Contention' - fourth respondent sought an order for payment of its costs on basis it was a successful party to appeal for purposes of O 66 r1 Rules of the Supreme Court 1971 (WA) - held: fourth respondent was successful party in opposing appeal - appellant ordered to pay its costs not including costs in relation to notice of contention, which was misconceived.
Coffey
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