Richlaw Pty Ltd (Acn 009 289 150) & Ors v Kaye Christine Blackburne & Anor

[1998] WASCA 120

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Pleadings
3. › Striking out
4. › Reference to unstamped document in pleading
5. › Whether collateral purpose exception applies
6. › Stamp Act 1921 (WA), s 27
1. Revenue Law
2. › Stamp duty
3. › Unstamped instruments
4. › Admissibility in evidence and pleadings
5. › Collateral purpose exception
6. › Whether instrument referred to in order to establish invalidity may be pleaded without stamping
7. › Stamp Act 1921 (WA), s 27(1)
1. Revenue Law
2. › Stamp duty
3. › Unstamped instruments
4. › Void and voidable instruments
5. › Whether voidable instrument may be referred to unstamped for purpose of having it set aside
6. › Stamp Act 1921 (WA), s 27(1)
1. Practice and Procedure
2. › Appeals
3. › Leave to appeal from interlocutory decision
4. › Whether substantial injustice
5. › Whether practical benefit from appeal

Quick Take

A party may refer to an unstamped instrument in a pleading for the purpose of establishing the instrument's invalidity or having it set aside, without contravening s 27(1) of the Stamp Act 1921 (WA). This applies to both void and voidable instruments. The collateral purpose exception, as recognised in Dent v Moore, applies to the WA Stamp Act given its adoption of the 1791 English wording.