Court Judgements

Stanley Drilling Company Pty Ltd v Australia and New Zealand Banking Group

Supreme Court of Western Australia July 1

AN attempt by Stanley Drilling Company to amend a statement of claim in its action against the ANZ has been refused, however, the court has granted the company leave to replead its case.

The case relates to a $116,000 bank guarantee from the ANZ covering the period February 25 2001 to March 24 2001 related to the sale of one of Stanley’s drilling rigs to Century Drilling Ltd.

Hewett v Medical Board of Western Australia

Supreme Court of Western Australia June 30

PERTH doctor Ian Gordon Hewett has lost his last-minute bid to halt a Medical Board inquiry into allegations including that he molested two female patients.

Dr Hewett lodged an injunction with the court on June 25 seeking to halt the board’s proceedings.

The allegations against Dr Hewett were made in the mid 1990s.

On May 22 Dr Hewett made an application to the Medical Board seeking an order staying the inquiry into his professional conduct. The Board refused the stay.

In his judgement Justice Graeme Scott says Dr Hewett was relying on two affidavits sworn on June 11 and 24. The first related to his health and the extensive delay between the time the allegations are said to have occurred and the time at which the hearing is to be conducted.  He also referred to difficulties locating witnesses and evidence vital to the hearing.

Justice Scott says he has little doubt the board will take Dr Hewett’s difficulties into account.

"In all the circumstances, whilst the plaintiff has established that there is a serious question to be tried in this action, in my view, the balance of convenience does not favour granting the injunction," he says.

Marianne Deborah Pinto and others v Frank Ivan Kinkela and others

Supreme Court of Western Australia June 27

A COURT battle between two dentists relating to listening devices installed by one of them appears to have ended with Commissioner Paul Johnson ruling the defendants pay the plaintiff’s costs up until July 5 2002.

Commissioner Johnson also ruled that the plaintiffs be granted leave to discontinue the action on condition that they or any one of them do not bring further proceedings dealing with matters at issue in the present matter and that the parties bear their own costs incurred after July 5 2002.

The stoush started in November 2001 when three listening devices were discovered in common areas of a building Marianne Pinto and Vianney Pinto shared with Lee Hoon Kinkela.

Mr Kinkela told the court that he had installed the devices because he was concerned that his property was being stolen.

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