APT Finance Pty Ltd v Wingside Nominees Pty Ltd [No 2]

In this appeal, APT Finance Pty Ltd sought to appeal a decision of the Master of the Supreme Court of Western Australia that refused their application to substitute Wingside Nominees Pty Ltd as the plaintiff in a proceeding. The nature of the dispute involves the propriety of the Master's decision to deny the application on the grounds of delay and merits.

The legal issues before the court included whether the Master erred in his approach to the appellant's delay, and if the Master had the discretion to refuse an order for substitution. The court was also required to determine whether the reliance on a point from the Limitation Act, which was not raised in the lower court, was appropriate in this context. The court had to balance the discretionary power to join a party with the necessity for the effectual and complete determination and adjudication of all matters in dispute.

The court found that there was a strong presumption in favour of the Master's decision, given it was a discretionary decision on a matter of practice and procedure. The appellant had to demonstrate an express or implied material error of fact or law, which they failed to do. The court held that the Master's decision was based on the delay in the application and the merits of the case, which were relevant considerations. The court also noted that the appellant did not assert that the Master applied a wrong test. The appeal was dismissed, and the decision of the Master was upheld.

There were no final orders made in this appeal, as the decision of the Master was upheld.