❓ Hon. Moore questions the Attorney General about the government's legal action regarding the Rothwells rescue deal and Warren Anderson. The Attorney General explains the withdrawal of a claim component and declines to answer questions about settlement negotiations due to pending adjudication.
AnsweredQoN 197Legislative Council
Asked
4 May 2005
Member
Portfolio
parliamentary secretary representing the Attorney
General
QuestionView source ↗
I refer the Attorney General to today’s newspaper coverage of the legal action taken by Mr Warren Anderson over the Rothwells rescue deal and the government’s action in response. (1) Will the Attorney General explain why the government has withdrawn its claim against Mr Anderson? (2) Has the government undertaken any negotiation towards an out-of-court settlement with Mr Anderson? (3) Is the government committed to seeing the matter resolved by the trial; and, if so, will the Attorney General rule out a settlement during the course of the trial? Hon SUE ELLERY
AnswerView source ↗
I thank the honourable member for some notice of this question. (1) The state will withdraw the major component of its counterclaim for damages relating to the Petrochemical Industries Co Ltd settlement against Tipperary Developments Pty Ltd on the advice from the State Solicitor’s Office WA. Counsel for the state has recently examined the counterclaim and advised that this major part of the counterclaim has no reasonable prospects of success. This will narrow the number of contentious issues between the parties. (2)-(3) These questions refer to a case pending adjudication in a court of law and are therefore out of order pursuant to Legislative Council standing order 140(b)(iii).
(1) Will the Attorney General explain why the government has withdrawn its claim against Mr Anderson? (2) Has the government undertaken any negotiation towards an out-of-court settlement with Mr Anderson? (3) Is the government committed to seeing the matter resolved by the trial; and, if so, will the Attorney General rule out a settlement during the course of the trial? Hon SUE ELLERY replied: I thank the honourable member for some notice of this question. (1) The state will withdraw the major component of its counterclaim for damages relating to the Petrochemical Industries Co Ltd settlement against Tipperary Developments Pty Ltd on the advice from the State Solicitor’s Office WA. Counsel for the state has recently examined the counterclaim and advised that this major part of the counterclaim has no reasonable prospects of success. This will narrow the number of contentious issues between the parties. (2)-(3) These questions refer to a case pending adjudication in a court of law and are therefore out of order pursuant to Legislative Council standing order 140(b)(iii).
(2) Has the government undertaken any negotiation towards an out-of-court settlement with Mr Anderson? (3) Is the government committed to seeing the matter resolved by the trial; and, if so, will the Attorney General rule out a settlement during the course of the trial? Hon SUE ELLERY replied: I thank the honourable member for some notice of this question. (1) The state will withdraw the major component of its counterclaim for damages relating to the Petrochemical Industries Co Ltd settlement against Tipperary Developments Pty Ltd on the advice from the State Solicitor’s Office WA. Counsel for the state has recently examined the counterclaim and advised that this major part of the counterclaim has no reasonable prospects of success. This will narrow the number of contentious issues between the parties. (2)-(3) These questions refer to a case pending adjudication in a court of law and are therefore out of order pursuant to Legislative Council standing order 140(b)(iii).
(3) Is the government committed to seeing the matter resolved by the trial; and, if so, will the Attorney General rule out a settlement during the course of the trial? Hon SUE ELLERY replied: I thank the honourable member for some notice of this question. (1) The state will withdraw the major component of its counterclaim for damages relating to the Petrochemical Industries Co Ltd settlement against Tipperary Developments Pty Ltd on the advice from the State Solicitor’s Office WA. Counsel for the state has recently examined the counterclaim and advised that this major part of the counterclaim has no reasonable prospects of success. This will narrow the number of contentious issues between the parties. (2)-(3) These questions refer to a case pending adjudication in a court of law and are therefore out of order pursuant to Legislative Council standing order 140(b)(iii).
Hon SUE ELLERY replied: I thank the honourable member for some notice of this question. (1) The state will withdraw the major component of its counterclaim for damages relating to the Petrochemical Industries Co Ltd settlement against Tipperary Developments Pty Ltd on the advice from the State Solicitor’s Office WA. Counsel for the state has recently examined the counterclaim and advised that this major part of the counterclaim has no reasonable prospects of success. This will narrow the number of contentious issues between the parties. (2)-(3) These questions refer to a case pending adjudication in a court of law and are therefore out of order pursuant to Legislative Council standing order 140(b)(iii).
I thank the honourable member for some notice of this question. (1) The state will withdraw the major component of its counterclaim for damages relating to the Petrochemical Industries Co Ltd settlement against Tipperary Developments Pty Ltd on the advice from the State Solicitor’s Office WA. Counsel for the state has recently examined the counterclaim and advised that this major part of the counterclaim has no reasonable prospects of success. This will narrow the number of contentious issues between the parties. (2)-(3) These questions refer to a case pending adjudication in a court of law and are therefore out of order pursuant to Legislative Council standing order 140(b)(iii).
(1) The state will withdraw the major component of its counterclaim for damages relating to the Petrochemical Industries Co Ltd settlement against Tipperary Developments Pty Ltd on the advice from the State Solicitor’s Office WA. Counsel for the state has recently examined the counterclaim and advised that this major part of the counterclaim has no reasonable prospects of success. This will narrow the number of contentious issues between the parties. (2)-(3) These questions refer to a case pending adjudication in a court of law and are therefore out of order pursuant to Legislative Council standing order 140(b)(iii).
(2)-(3) These questions refer to a case pending adjudication in a court of law and are therefore out of order pursuant to Legislative Council standing order 140(b)(iii).
(1) Will the Attorney General explain why the government has withdrawn its claim against Mr Anderson? (2) Has the government undertaken any negotiation towards an out-of-court settlement with Mr Anderson? (3) Is the government committed to seeing the matter resolved by the trial; and, if so, will the Attorney General rule out a settlement during the course of the trial? Hon SUE ELLERY replied: I thank the honourable member for some notice of this question. (1) The state will withdraw the major component of its counterclaim for damages relating to the Petrochemical Industries Co Ltd settlement against Tipperary Developments Pty Ltd on the advice from the State Solicitor’s Office WA. Counsel for the state has recently examined the counterclaim and advised that this major part of the counterclaim has no reasonable prospects of success. This will narrow the number of contentious issues between the parties. (2)-(3) These questions refer to a case pending adjudication in a court of law and are therefore out of order pursuant to Legislative Council standing order 140(b)(iii).
(2) Has the government undertaken any negotiation towards an out-of-court settlement with Mr Anderson? (3) Is the government committed to seeing the matter resolved by the trial; and, if so, will the Attorney General rule out a settlement during the course of the trial? Hon SUE ELLERY replied: I thank the honourable member for some notice of this question. (1) The state will withdraw the major component of its counterclaim for damages relating to the Petrochemical Industries Co Ltd settlement against Tipperary Developments Pty Ltd on the advice from the State Solicitor’s Office WA. Counsel for the state has recently examined the counterclaim and advised that this major part of the counterclaim has no reasonable prospects of success. This will narrow the number of contentious issues between the parties. (2)-(3) These questions refer to a case pending adjudication in a court of law and are therefore out of order pursuant to Legislative Council standing order 140(b)(iii).
(3) Is the government committed to seeing the matter resolved by the trial; and, if so, will the Attorney General rule out a settlement during the course of the trial? Hon SUE ELLERY replied: I thank the honourable member for some notice of this question. (1) The state will withdraw the major component of its counterclaim for damages relating to the Petrochemical Industries Co Ltd settlement against Tipperary Developments Pty Ltd on the advice from the State Solicitor’s Office WA. Counsel for the state has recently examined the counterclaim and advised that this major part of the counterclaim has no reasonable prospects of success. This will narrow the number of contentious issues between the parties. (2)-(3) These questions refer to a case pending adjudication in a court of law and are therefore out of order pursuant to Legislative Council standing order 140(b)(iii).
Hon SUE ELLERY replied: I thank the honourable member for some notice of this question. (1) The state will withdraw the major component of its counterclaim for damages relating to the Petrochemical Industries Co Ltd settlement against Tipperary Developments Pty Ltd on the advice from the State Solicitor’s Office WA. Counsel for the state has recently examined the counterclaim and advised that this major part of the counterclaim has no reasonable prospects of success. This will narrow the number of contentious issues between the parties. (2)-(3) These questions refer to a case pending adjudication in a court of law and are therefore out of order pursuant to Legislative Council standing order 140(b)(iii).
I thank the honourable member for some notice of this question. (1) The state will withdraw the major component of its counterclaim for damages relating to the Petrochemical Industries Co Ltd settlement against Tipperary Developments Pty Ltd on the advice from the State Solicitor’s Office WA. Counsel for the state has recently examined the counterclaim and advised that this major part of the counterclaim has no reasonable prospects of success. This will narrow the number of contentious issues between the parties. (2)-(3) These questions refer to a case pending adjudication in a court of law and are therefore out of order pursuant to Legislative Council standing order 140(b)(iii).
(1) The state will withdraw the major component of its counterclaim for damages relating to the Petrochemical Industries Co Ltd settlement against Tipperary Developments Pty Ltd on the advice from the State Solicitor’s Office WA. Counsel for the state has recently examined the counterclaim and advised that this major part of the counterclaim has no reasonable prospects of success. This will narrow the number of contentious issues between the parties. (2)-(3) These questions refer to a case pending adjudication in a court of law and are therefore out of order pursuant to Legislative Council standing order 140(b)(iii).
(2)-(3) These questions refer to a case pending adjudication in a court of law and are therefore out of order pursuant to Legislative Council standing order 140(b)(iii).
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