Stanley & Ors v Layne Christensen Company & Ors

[2006] WASCA 56

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Interlocutory appeals
3. › Leave to appeal from interlocutory decision
4. › Whether decision wrong or attended with sufficient doubt
5. › Whether substantial injustice from leaving decision unreversed
1. Practice and Procedure
2. › Pleadings
3. › Application to strike out statement of claim
4. › Whether material facts disclose reasonable cause of action
5. › Rules of the Supreme Court 1971 (WA), O 20 r 13(1)(b)
1. Practice and Procedure
2. › Costs
3. › Costs of application to amend pleadings
4. › Whether 'normal rule' requiring amending party to pay costs applies
5. › Relevance of reasonableness of opposing party's conduct
1. Contract
2. › Restraint of trade
3. › Construction of non-competition covenant
4. › Whether covenant extends to corporations not in existence at date of agreement
5. › Whether 'related or affiliated corporation' includes subsequently created entities

Quick Take

The 'normal rule' that a party seeking the indulgence of amending its pleading must pay the costs of the application is only one of several guides to the appropriate costs order; where a contested application is unnecessary because a party acting reasonably would have consented, the opposing party will not obtain its costs merely because the application is for an indulgence. A conspiracy may arguably be directed at every member of an ascertainable group or class, provided the class is sufficiently defined and its membership ascertainable at any particular date.