Abb Service Pty Ltd (formerly known as Abb Engineering Construction Pty Ltd) v Hetherington & Anor

[2001] WASCA 235

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Pleadings
3. › Writ
4. › Indorsement of claim
5. › Adequacy of indorsement
6. › Whether indorsement contained concise statement of nature of claim
7. › Functions of indorsement
8. › Supreme Court Rules (WA), O 6 r 1, O 20 r 19(1)
1. Practice and Procedure
2. › Pleadings
3. › Writ
4. › Indorsement of claim
5. › Relationship between indorsement and limitation periods
6. › Whether indorsement must contain sufficient information to enable identification of date of accrual of cause of action
7. › Limitation Act 1935 (WA)
1. Practice and Procedure
2. › Strike out
3. › Indorsement of claim
4. › Appropriate relief where indorsement deficient
5. › Whether writ should be struck out or amendment permitted
6. › Supreme Court Rules (WA), O 6 r 1(2), O 20 r 19(1)

Quick Take

An indorsement of claim in a writ must contain sufficient factual information to link the plaintiff to the representations, the relevant contract, and the damage alleged. While the indorsement need not contain all facts necessary to establish the date of accrual of the cause of action, it must contain sufficient information to enable a factual trail to be pursued to identify that date. Deficiencies of such a nature and extent should not be cured by particulars but may be addressed by amendment with the defendant's limitation rights reserved.