The Court extended the validity of an unserved writ where the plaintiff had commenced parallel proceedings in Ghana on the same subject matter and had deliberately deferred service to avoid duplicative litigation. The extension was granted because the limitation period had expired (meaning refusal would cause material prejudice to the plaintiff), the delay was explained by the existence of the foreign proceedings and ongoing mediation, and no prejudice to the defendant was identified given she had already prepared her defence in the Ghanaian Proceedings. The Court also noted that even if the Ghanaian proceedings succeeded, the plaintiff might still need to prosecute its claim in Western Australia to enforce the foreign judgment by relying on estoppels.
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