Clough Limited v Forge Group Limited (in Liquidation) (Receivers and Managers Appointed)

[2022] WASCA 179

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Interlocutory appeals
3. › Leave to appeal
4. › Criteria for grant of leave
5. › Whether primary decision attended with sufficient doubt
6. › Whether substantial injustice if left unreversed
7. › Supreme Court Act 1935 (WA), s 60(1)(f)
1. Practice and Procedure
2. › Pleadings
3. › Amended statement of claim
4. › Application to disallow or strike out
5. › Whether amendments introduced new cause of action
6. › Whether time-barred
7. › Corporations Act 2001 (Cth), s 1317K
1. Practice and Procedure
2. › Issue estoppel
3. › Interlocutory decisions
4. › Whether dismissal of interlocutory application constitutes final determination of issue between parties
1. Practice and Procedure
2. › Case management
3. › Appellate restraint
4. › Discouragement of interlocutory appeals in pleading disputes
5. › Fragmentation of primary proceedings

Quick Take

The dismissal of an interlocutory application to disallow or strike out an amended pleading on limitation grounds does not give rise to an issue estoppel, and the limitation defence remains available at trial. Limitation issues in insider trading proceedings under s 1317K of the Corporations Act may be unsuitable for pre-trial determination where the underlying contravention is contested.