AB v Beer

[2018] WASCA 12

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   THE COURT OF APPEAL (WA)

CITATION:   AB -v- BEER [2018] WASCA 12

CORAM:   MURPHY JA

BEECH JA

HEARD:   22 DECEMBER 2017

DELIVERED          :   12 FEBRUARY 2018

FILE NO/S:   CACV 89 of 2017

BETWEEN:   AB

Appellant

AND

INGO BEER
First Respondent

INNER CITY MENTAL HEALTH SERVICE
Second Respondent

MOBILE COMMUNITY OUTREACH TEAM
Third Respondent

MENTAL HEALTH TRIBUNAL
Fourth Respondent

STATE ADMINISTRATIVE TRIBUNAL
Fifth Respondent

ON APPEAL FROM:

Jurisdiction              :  SUPREME COURT OF WESTERN AUSTRALIA

Coram  :CORBOY J

Citation  :AB -v- BEER [2017] WASC 199

File No  :GDA 9 of 2016, GDA 10 of 2016, GDA 1 of 2017, CIV 3024 of 2016

Catchwords:

Practice and procedure - Application for extension of time - Application to join parties - Appellant's case not filed - Whether appeal should be dismissed pursuant to r 43(2)(g)(ii) of the Supreme Court (Court of Appeal) Rules 2005 (WA)

Application for joinder of parties - No arguable basis for joinder of parties

Legislation:

Supreme Court (Court of Appeal) Rules 2005 (WA)

Result:

Application to extend time, join parties and have parties give evidence dismissed
Appeal dismissed

Category:    B

Representation:

Counsel:

Appellant:     In person

First Respondent           :     Ms C J Thatcher

Second Respondent      :     Ms C J Thatcher

Third Respondent          :     Ms C J Thatcher

Fourth Respondent        :     Ms C J Thatcher

Fifth Respondent           :     No appearance

Solicitors:

Appellant:     In person

First Respondent           :     State Solicitor for Western Australia

Second Respondent      :     State Solicitor for Western Australia

Third Respondent          :     State Solicitor for Western Australia

Fourth Respondent        :     State Solicitor for Western Australia

Fifth Respondent           :     No appearance

Case(s) referred to in judgment(s):

AB and Mental Health Tribunal [2016] WASAT 71

AB v Beer [2017] WASC 199

1. JUDGMENT OF THE COURT: This matter came to a hearing on 22 December 2017 by way of a registrar's notice to attend dated 5 December 2017 to consider the appellant's application dated 28 November 2017, and for the appellant to show cause why the appeal should not be dismissed pursuant to r 43(2)(g)(ii) of the Supreme Court (Court of Appeal) Rules 2005 (WA) (Rules).

2. The appellant's application dated 28 November 2017 seeks orders (amongst other things) for the joinder of a large number of persons and entities as respondents to the appeal, and to require those persons and entities to, in effect, give discovery on oath of 'all documents in their power and/or possession having anything to do with the … Appellant or any of his claims since 1966 to this day'.

3. The persons and entities sought to be joined include:

   (1)QBE Insurance Group Ltd, its directors, chief executive officers and state managers since 1974;

   (2)The Insurance Commission of Western Australia and its directors and senior officers since 1998;

   (3)CSR Group Ltd and its subsidiaries since 1966;

   (4)Clough Engineering and its predecessors and all its joint venture partners in the Robe River project since 1971;

   (5)Transfield (WA) Pty Ltd and all its managing directors since 1974;

   (6)The…