Glendinning v Cuzens

[2009] WASCA 21

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Writ of summons
3. › Indorsement of claim
4. › Inadequate indorsement
5. › Whether writ should be set aside where indorsement defective
6. › Whether plaintiff should have leave to amend indorsement
7. › Relevant considerations
8. › Rules of the Supreme Court 1971 (WA), O 6 r 1(2)
1. Practice and Procedure
2. › Writ of summons
3. › Indorsement of claim
4. › Function of indorsement
5. › Three functions of indorsement on writ
6. › Rules of the Supreme Court 1971 (WA), O 6 r 1, O 20 r 2(2)
1. Practice and Procedure
2. › Interlocutory orders
3. › Whether order setting aside writ is interlocutory or final
4. › Leave to appeal
5. › Supreme Court Act 1935 (WA), s 60(1)(f)

Quick Take

Where an indorsement of claim on a writ is deficient, the plaintiff should ordinarily be allowed a reasonable opportunity to put it into proper form, so long as that can be done without irremediable prejudice to the defendant. Setting aside a writ for defective indorsement is a step to be taken only where necessary in the interests of justice. Potential limitation period consequences are an important factor weighing against setting aside the writ. The respondents' rights on limitation issues can be protected by express reservation.