❓ Mr McGowan asks about the status of the James Point Pty Ltd legal action against the State, including its progress, court dates, and the amount claimed. The Attorney General provides an update on the legal proceedings and explains why the damages amount cannot be revealed.
AnsweredQoN 4196Legislative Assembly
QuestionView source ↗
I refer to the statement of claim from James Point Pty Ltd against the State of Western Australia, and I ask: (a) can the Premier please provide an update on the current status of this legal action against the state; (b) will the case go before the court, and if so when will it be heard; and (c) how much is the plaintiff currently pursuing from the State?
AnswerView source ↗
Answered
11 August 2015
Responded by
Minister representing the Attorney General
Response time
47 days
(a) The substantive action is still at the stage of pleadings and discovery. The parties have also commenced conferral in relation to expert evidence
(b) The State has brought an application to dismiss James Point Pty Ltd's action. That application is listed for a hearing before the Hon. Justice Martino on 31 July 2015. If the State is entirely successful in that application, the action will not proceed to a trial. If the matter does proceed to a trial, the trial is not anticipated to be heard until 2017 at the earliest.
(c) The amount of damages which James Point Pty Ltd is currently pursuing from the State cannot be revealed because James Point Pty Ltd has not yet pleaded or particularised the quantum of damages claimed and has otherwise only disclosed the quantum of damages currently pursued in the course of "without prejudice" settlement discussions.
(b) The State has brought an application to dismiss James Point Pty Ltd's action. That application is listed for a hearing before the Hon. Justice Martino on 31 July 2015. If the State is entirely successful in that application, the action will not proceed to a trial. If the matter does proceed to a trial, the trial is not anticipated to be heard until 2017 at the earliest.
(c) The amount of damages which James Point Pty Ltd is currently pursuing from the State cannot be revealed because James Point Pty Ltd has not yet pleaded or particularised the quantum of damages claimed and has otherwise only disclosed the quantum of damages currently pursued in the course of "without prejudice" settlement discussions.
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