Under O 20 r 2(2) of the Rules of the Supreme Court (WA), the question whether a statement of claim exceeds the scope of the indorsement is determined by assessing factual overlap, not by construing the indorsement to see whether the statutory causes of action are expressly or impliedly included. A statement of claim may plead a cause of action not mentioned in the indorsement provided there is sufficient factual overlap with the cause of action mentioned in the writ. It is not determinative that the indorsement is drafted in terms confining the facts to a specific category or head of claim, or that the relevant statute is not expressly identified.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
1 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.