Macmahon Contractors Pty Ltd v Woodside Energy Ltd

[2008] WASC 271

Supreme Court of Western Australia

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Pleadings
3. › Strike out application
4. › Whether statement of claim discloses reasonable cause of action
5. › Whether pleading prejudices, embarrasses or delays fair trial
6. › Rules of the Supreme Court 1971 (WA), O 20 r 19(1)(a) and (c)
1. Practice and Procedure
2. › Case management
3. › Commercial and Managed Cases List
4. › Discouragement of interlocutory disputes
5. › Contemporary purpose of pleadings in context of modern case management
6. › Whether objections constitute matters of defence
7. › Rules of the Supreme Court 1971 (WA), O 29, O 29A

Quick Take

In the WA Supreme Court's Commercial and Managed Cases List, strike out applications based on technical pleading objections will be actively discouraged and may result in adverse costs orders. Pleadings will be assessed in the context of modern case management techniques, and objections that constitute matters of defence rather than genuine pleading deficiencies will not be entertained. The court may determine such applications on the papers without oral argument.