Ann: Subscription Agreements Legal Update, page-50

Rastus, your comment is plain wrong and I wonder what you gain by making it, as a non holder. Your simplistic approach is unhelpful, apt to mislead (IMO) and adds nothing to this forum.

The costs of a Supreme Court action are very high for Mums & Dads but well and truly worth it for a listed company with a good case for a multi-million dollar claim, as XST considers it has here (about which I make no comment). Think Savage -v- Western Mining (re the Ernest Henry discovery) as one of many cases in point. There are heaps of them - DYOR.

Furthermore, the costs of a summary judgment application as XST has made here are, in a suitable case, insignificant - I'd say "trivial" - compared to a worthwhile prize. $ millions are clearly worth chasing hard. If everyone took your approach then no-one's legal rights would be worth anything, as we'd all panic and give in as soon as the other side started "dragging things out". Commerce would be in chaos.

Western Australia has a very well regarded legal system, particularly in the Supreme Court. Judges take a dim view of parties without a substantive case trying to drag things out in the hope that the other side will give up their good case. As was said many years ago: "The millstones of justice turn exceedingly slowly, but grind exceedingly fine”.

Finally, don't forget that unsuccessful parties typically end up paying not only their own costs but also the costs of the successful party. That can hurt, and is a good disincentive to trying to game the system.