JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: AGAPIS -v- BUCKLAND [2019] WASC 3
CORAM: SMITH J
HEARD: 19 DECEMBER 2018
DELIVERED : 19 DECEMBER 2018
PUBLISHED : 8 JANUARY 2019
FILE NO/S: CIV 2874 of 2013
BETWEEN: RAOUL AGAPIS
Plaintiff
AND
JOHN BUCKLAND
First Defendant
STATE OF WESTERN AUSTRALIA
Second Defendant
Catchwords:
Practice and procedure - Inactive cases list - Action deemed to be dismissed for want of prosecution - Case dismissed by effect of rules of court - No order or decision from which an appeal will lie
Legislation:
Interpretation Act 1984 (WA), s 5, s 47
Judiciary Act 1903 (Cth), s 78B
Mutual Recognition (Western Australia) Act 2010 (WA)
Mutual Recognition Act 1992 (Cth)
Rules of the Supreme Court 1971 (WA), O 4A, O 4A r 1, O 4A r 24, O 4A r 24(1), O 4A r 25, O 4A r 25(1), O 4A r 25(1)(b), O 4A r 26, O 4A r 27(1), O 4A r 27(2), O 4A r 28, O 4A r 28(1), O 4A r 28(3), O 60A r 2(1), O 60A r 4, O 60A r 4(1), O 60A r 5(5)
Supreme Court Act 1935 (WA), s 155(1), s 167(1)(c)
Result:
Appeal dismissed for want of jurisdiction
Category: B
Representation:
Counsel:
| Plaintiff | : | In person |
| First Defendant | : | Mr E Fearis |
| Second Defendant | : | Mr E Fearis |
Solicitors:
| Plaintiff | : | In person |
| First Defendant | : | State Solicitor for Western Australia |
| Second Defendant | : | State Solicitor for Western Australia |
Case(s) referred to in decision(s):
Agapis v A Deputy District Registrar of The Federal Court of Australia at Perth [2016] HCATrans 154
Agapis v A Deputy President of the Administrative Appeals Tribunal at Perth [2015] HCATrans 246
Agapis v Plumbers Licensing Board (No 2) [2014] FCA 1045
Agapis v Plumbers Licensing Board [2013] AATA 187
Agapis v Plumbers Licensing Board [2013] FCA 1221
Kable v Director of Public Prosecutions (NSW) [1996] HCA 24; (1996) 189 CLR 51
Kirk v Industrial Court (NSW) [2010] HCA 1; (2010) 239 CLR 531
O'Connell v The State of Western Australia [2012] WASCA 96
Public Service Association and Professional Officers' Association Amalgamated of New South Wales v Director of Public Employment [2012] HCA 58; (2012) 250 CLR 343
R v Kirby; Ex parte Boilermakers' Society of Australia [1956] HCA 10; (1956) 94 CLR 254
Rosebridge Nominees Pty Ltd (in liq) v Commonwealth Bank of Australia [2018] WASCA 112
Rosebridge Nominees Pty Ltd v Commonwealth Bank of Australia [No 7] [2016] WASC 329
Rowe v Stoltze [2013] WASCA 92
Shaw v McGinty in his capacity as Attorney General [2006] WASCA 231
Timcal Pty Ltd v Sons of Gwalia Ltd [No 2] [2011] WASC 58
SMITH J:
On 19 December 2018, I made an order dismissing an appeal by Raoul Agapis against a notice given by the Principal Registrar to Mr Agapis on 6 July 2018 in this matter (CIV 2874 of 2013), for want of jurisdiction.
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- AGLC
- Agapis v Buckland [2019] WASC 3
- Case
- [2019] WASC 3
- Decision Date
CaseChat Overview and Summary
The court noted that the applicant's application was not an appealable order as it was not a decision or order from which an appeal would lie. The dismissal of the proceeding for want of prosecution was a consequence of the rules of court, and there was no order or decision from which an appeal would lie. The court further held that the applicant's argument that they were not negligent and had not abandoned the proceeding was irrelevant as the dismissal was automatic and not based on any fault or negligence on the part of the applicant. The court held that the application was an abuse of process and dismissed the application.
The court did not make any orders as the application was dismissed. The court held that the applicant's application was an abuse of process and that there was no basis for the court to grant the relief sought. The court further held that the applicant had not demonstrated any grounds for the case to be removed from the inactive list and listed for directions. The court held that the dismissal of the proceeding for want of prosecution was a consequence of the rules of court and that there was no order or decision from which an appeal would lie.
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