Trafalgar West Investments Pty Ltd as Trustee for the Trafalgar West Investments Trust v Superior Lawns Australia Pty Ltd [No 7]

[2015] WASC 280

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Practice and Procedure
2. › Amendment
3. › Leave to amend originating process
4. › Whether amendment introduces new cause of action
5. › Whether amendment time-barred by limitation
6. › Whether limitation defence can be determined at interlocutory stage
7. › Conditional leave preserving limitation rights
8. › Rules of the Supreme Court 1971 (WA), O 21 r 1
1. Limitation of Actions
2. › Equitable claims
3. › Whether limitation defence must be pleaded before becoming live consideration
4. › Whether limitation bar abundantly clear at interlocutory level
5. › Limitation Act 2005 (WA), ss 13, 26, 27, 38
1. Corporations
2. › Statutory oppression
3. › Remedies under s 233 Corporations Act 2001 (Cth)
4. › Share valuation in compulsory buy-out
5. › Derivative or quasi-derivative claims within oppression action
6. › Whether causes of action of company can be treated as assets for share valuation purposes
7. › Corporations Act 2001 (Cth), ss 232, 233, 236, 237

Quick Take

Limitation of action defences raised in opposition to an application for leave to amend an originating process will not be determined at the interlocutory stage unless the time bar is abundantly clear; the appropriate course is to grant conditional leave preserving the defendants' limitation rights for determination at trial. The characterisation of Barnes v Addy claims as purely equitable causes of action for the purposes of s 27 of the Limitation Act 2005 (WA) was left open.