RESEARCH ASSOCIATE/ORDERLY TO THE HONOURABLE JUSTICE MITCHELL

[1] Jebb v Superior Lawns Australia Pty Ltd [2018] WASC 166 (Primary decision) [5].

[2] Affidavit of Patrick Gerard Gladwyn Jebb sworn 22 June 2018 (Second Jebb Affidavit), par 8. The first to sixth respondents objected to this paragraph of the Second Jebb Affidavit, however the paragraph is clearly admissible at least so far as it evidences a claim made by Mr Jebb.

[3] The letter appears as annexure PGJ 10 to the affidavit of Patrick Gerard Gladwyn Jebb sworn 18 June 2018 (First Jebb Affidavit).

[4] See the register of members of Superior Lawns, which is annexure PGJ 1 to the First Jebb Affidavit.

[6] Trafalgar West Investments Pty Ltd v Superior Lawns Australia Pty Ltd [2011] WASC 92.

[7] Second Jebb Affidavit, par 30; Trafalgar West Investments Pty Ltd v Superior Lawns Australia Pty Ltd (No 7) [2015] WASC 280 [29].

[8] The order of the primary judge and the undertaking respectively appear at annexures PGJ 11 and PGJ 12 of the First Jebb Affidavit.

[9] Trafalgar West Investments Pty Ltd v Superior Lawns Australia Pty Ltd [2011] WASC 171.

[10] The letter appears at annexure PGJ 13 to the First Jebb Affidavit.

[11] That is the extent of Trafalgar's holding revealed in the company extract for Superior Lawns dated 28 October 2016, which is annexure PGJ 2 to the First Jebb Affidavit.

[12] Trafalgar West Investments Pty Ltd v Superior Lawns Australia Pty Ltd (No 7) [2015] WASC 280 [28], [30].

[14] Trafalgar West Investments Pty Ltd v Superior Lawns Australia Pty Ltd (No 2) [2012] WASC 169 [28].

[15] Trafalgar West Investments Pty Ltd v Superior Lawns Australia Pty Ltd (No 2) [2012] WASC 169 [6].

[16] Trafalgar West Investments Pty Ltd v Superior Lawns Australia Pty Ltd (No 2) [2012] WASC 169 esp at [63].

[17] Trafalgar West Investments Pty Ltd v Superior Lawns Australia Pty Ltd (No 2) [2012] WASC 169 esp at [60].

[18] Trafalgar West Investments Pty Ltd v Superior Lawns Australia Pty Ltd (No 2) [2012] WASC 169 esp at [62] - [65].

[19] Trafalgar West Investments Pty Ltd v Superior Lawns Australia Pty Ltd [2012] WASC 460.

[20] Trafalgar West Investments Pty Ltd v Superior Lawns Australia Pty Ltd (No 2) [2013] WASC 143.

[21] Trafalgar West Investments Pty Ltd v Superior Lawns Australia Pty Ltd (No 3) [2013] WASC 150.

[22] The orders appear at annexure AJT 4 to the affidavit of Alexander James Tharby affirmed on 14 June 2018 (First Tharby Affidavit).

[24] The orders are reproduced at annexure AJT 5 to the First Tharby Affidavit.

[25] Primary decision sch A; Trafalgar West Investments Pty Ltd v Superior Lawns Australia Pty Ltd (No 8) [2016] WASC 34 [13], [33].

[26] Primary decision sch A; Trafalgar West Investments Pty Ltd v Superior Lawns Australia Pty Ltd (No 8) [2016] WASC 34.

[28] Trafalgar West Investments Pty Ltd v LCM Litigation Management Pty Ltd [2016] WASC 159.

[29] On 21 September 2016: see Primary decision sch A.

[30] See Trafalgar West Investments Pty Ltd v Superior Lawns Pty Ltd (No 9) [2016] WASC 68, and the order of 8 April 2016 which is annexure AJT 6 to the First Tharby Affidavit.

[31] Trafalgar West Investments Pty Ltd v Superior Lawns Australia Pty Ltd (No 12) [2016] WASC 216 [1]; Para 11.8 of the First Tharby Affidavit.

[32] Trafalgar West Investments Pty Ltd v Superior Lawns Australia Pty Ltd (No 12) [2016] WASC 216.

[34] See the letter at AJT 20 to the affidavit of Alexander James Tharby affirmed on 29 June 2018 (Second Tharby Affidavit); Primary decision [83].

[36] Jebb v Superior Lawns Australia Pty Ltd [2017] WASC 335 [20] - [26]; Primary decision [85], sch A.

[37] Jebb v Superior Lawns Australia Pty Ltd [2017] WASC 335.

[38] Primary decision [38]. A copy of the order appears at annexure AJT 32 to the Second Tharby Affidavit.

[39] The order appears at annexure AJT 29 to the Second Tharby Affidavit.

[40] The notice appears at annexure AJT 31 to the Second Tharby Affidavit.

[42] The request appears at annexure AJT 35 to the Second Tharby Affidavit.

[43] This response appears at annexure AJT 37 to the Second Tharby Affidavit.

[44] The email appears at annexure AJT 38 to the Second Tharby Affidavit.

[45] The Chamber Summons is reproduced at annexure PGJ 7 to the First Jebb Affidavit and annexure AJT 39 to the Second Tharby Affidavit.

[47] The orders made appear at annexure AJT 42 of the Second Tharby Affidavit.

[49] See, by analogy with District Court Rules to the same effect, Rowe v Stoltze [2013] WASCA 92; (2013) 45 WAR 116. A challenge to the decision in Rowe v Stoltze was rejected in Rosebridge Nominees Pty Ltd (in Liq) v Commonwealth Bank of Australia [2018] WASCA 112 [54] - [58].

[51] Primary decision [64] - [73], [91].

[52] Primary decision [81] - [88] (a).

[53] Primary decision [88] (b) - (c).

[56] Primary decision [45] - [47], [88] (f) - (g).

[57] Primary decision [88] (h) - (i).

[59] Section 76(ii) of the Commonwealth Constitution.

[60] Macleod v Australian Securities and Investments Commission [2002] HCA 37; (2002) 211 CLR 287 [9].

[61] Section 7 and s 58(1)(b) of the Supreme Court Act 1935 (WA).

[62] Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia [1998] HCA 30; (1998) 195 CLR 1 [35].

[63] Tait v The Queen [1962] HCA 57; (1962) 108 CLR 620, 623 - 624.

[64] Ardrey v The State of Western Australia (No 2) [2017] WASCA 41 [161].

[65] Williams v Minister for the Environment and Heritage [2003] FCA 627; (2003) 199 ALR 352 [16] - [17]. The cases supporting that description of the power are referred to at [19]. Williams was cited with evident approval by Besanko and Jagot JJ in Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33; (2013) 210 FCR 505 [281].

[66] See also the discussion in Timar v The Minister for Justice and Customs [2001] FCA 295 [14] - [18].

[67] See, for example, Stack v Coast Securities (No 9) Pty Ltd [1983] HCA 36; (1983) 154 CLR 261, 289 - 290.

[68] As to the concept of a 'matter' in this context, see Re Wakim; ex parte McNally [1999] HCA 27; (1999) 198 CLR 511 [135] - [140] and cases there cited.

[69] Rule 5 of the Court of Appeal Rules.

[70] Section 21 of the Supreme Court Act.

[75] Jebb v Superior Lawns Australia Pty Ltd [2017] WASC 335 [231].

[76] See Jebb v Superior Lawns Australia Pty Ltd [2017] WASC 335 (S) [2] - [4].