Belgravia Nominees Pty Ltd v Lowe Pty Ltd [No 4]

[2016] WASC 74

Supreme Court of Western Australia

Built by Barristers,
For Australian Law.

1. Practice and procedure - Amendment to indorsement on writ - Application dismissed in part - Where plaintiff applied to reopen case - Whether plaintiff denied procedural fairness - Where judge applied principle of law not raised in argument - Where principle taken from case which was discussed in argument - Plaintiffs were deprived of opportunity to put submissions - Appeal would cause further delay in proceedings - Leave to reopen granted
1. Practice and procedure - Amendment to indorsement on writ - Where amendment would add new cause of action - Where new cause of action would otherwise be statute barred - O 21 r 5(2) Rules of the Supreme Court 1971 (WA) - Limitation period must be current at time writ is issued - Where limitation period for some causes of action had expired before writ issues - O 21 r 5(2) did not apply
1. Limitation periods - s 38 Limitation Act 2005 (WA) - Extension of limitation period - Where no application yet made to extend limitation period - Section 38 did not affect operation of O 21 r 5