Within the limitation period but abusing the process – A cautionary tale

The recent decision of Acting Master Gething in Reid International Pty Ltd v Ron Farris Real Estate Pty Ltd [2016] WASC 6 demonstrates that a party who commences an action within the limitation period may still have their claim dismissed as an abuse of process for delays in commencing the action.

The plaintiff, Reid International Pty Ltd (Reid), purchased a commercial premises in South Perth in June 2004 (Property). The Property was advertised for sale with 6 car bays. Reid was unaware, both before and for a considerable time after the sale, that the Property really only came with 4 car bays. The additional two bays belonged to a neighbouring unit. This was discovered in March 2012 when the owner of the neighbouring unit placed 2 disused cars in the bays to prevent Reid from using them.