BARKLA -v- JUSTICE DAVID WALLACE NEWNES [2015] WASCA 120

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2015] WASCA 120
Court:	THE COURT OF APPEAL (WA)
Case No:	CACV:10/2015	Heard:	8 APRIL 2015
Coram:	McLURE P BUSS JA MAZZA JA	Delivered:	12/06/15
No of pages:	9	Judgment Part:	1 of 1
Result:	CACV 10 of 2015 Appellant's application for review of Registrar Davies' order is dismissed Appeal dismissed CACV 11 of 2015 Appellant's application for review of Registrar Davies' order is dismissed Appeal dismissed
Category:	B
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Parties:	GEOFF BARKLA JUSTICE DAVID WALLACE NEWNES JUSTICE GRAEME HAROLD MURPHY REGISTRAR LINDA JOYCE BUSH
Catchwords:	Practice and procedure Grounds of appeal having no reasonable prospect of succeeding Review of registrar's orders deferring the filing and service of the respondents' answers to the appellant's cases Applications to review the registrar's orders dismissed Appeals dismissed
Legislation:	Rules of the Supreme Court 1971 (WA), O 20 r 12, O 67 r 5 Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(i), r 67
Case References:	Barkla v Allianz Australia [2015] HCASL 40 Barkla v Allianz Australia Insurance Ltd & G4S Custodial Services [2014] WASCA 192 Barkla v Allianz Australia Insurance Ltd [No 2] [2014] WASCA 222 Re Registrar Linda Bush; Ex parte Barkla [2014] WASC 488 Re The Hon Justice Newnes; Ex parte Barkla [2014] WASC 487

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : BARKLA -v- JUSTICE DAVID WALLACE NEWNES [2015] WASCA 120 CORAM : McLURE P

BUSS JA

MAZZA JA

HEARD : 8 APRIL 2015 DELIVERED : 12 JUNE 2015 FILE NO/S : CACV 10 of 2015 BETWEEN : GEOFF BARKLA

Appellant

AND

JUSTICE DAVID WALLACE NEWNES

First Respondent

JUSTICE GRAEME HAROLD MURPHY

Second Respondent

FILE NO/S : CACV 11 of 2015 BETWEEN : GEOFF BARKLA

Appellant

AND

REGISTRAR LINDA JOYCE BUSH

Respondent

ON APPEAL FROM:

For File No : CACV 10 of 2015

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : McKECHNIE J

Citation : RE THE HON JUSTICE NEWNES; EX PARTE BARKLA [2014] WASC 487

File No : CIV 2666 of 2014

For File No : CACV 11 of 2015

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : McKECHNIE J

Citation : RE REGISTRAR LINDA BUSH; EX PARTE BARKLA [2014] WASC 488

File No : CIV 2664 of 2014

Catchwords:

Practice and procedure - Grounds of appeal having no reasonable prospect of succeeding - Review of registrar's orders deferring the filing and service of the respondents' answers to the appellant's cases - Applications to review the registrar's orders dismissed - Appeals dismissed

Legislation:

Rules of the Supreme Court 1971 (WA), O 20 r 12, O 67 r 5

Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(i), r 67

Result:

CACV 10 of 2015

Appellant's application for review of Registrar Davies' order is dismissed
Appeal dismissed

CACV 11 of 2015
Appellant's application for review of Registrar Davies' order is dismissed
Appeal dismissed

Category: B

Representation:

CACV…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2015] WASCA 120
Decision Date: 12 JUNE 2015

CaseChat Overview and Summary

In the case of Barkla v Justice David Wallace Newnes, the appellant, Barkla, sought to appeal against orders made by Registrar Davies deferring the filing and service of the respondents' answers to the appellant's cases. The respondents, including Justice Newnes, were challenging the appellant's capacity to litigate and the validity of the proceedings. The matter was heard by the Court of Appeal in Australia, which was tasked with reviewing the registrar's orders and determining the merits of the appeals.

The legal issues before the Court of Appeal involved the grounds for appeal and whether the appeals had a reasonable prospect of success. The appellant argued that the registrar's orders were an abuse of process and that the deferral of filing and serving the respondents' answers to the appellant's cases was unjust. The respondents contended that the appeals lacked merit and that the orders were appropriately made given the circumstances.

The Court of Appeal found that the appeals did not have a reasonable prospect of success. The Court considered the nature of the proceedings and the respondents' challenges to the appellant's capacity. It was determined that the registrar's orders were appropriate and that there were no grounds for the Court to interfere. Consequently, the applications to review the registrar's orders were dismissed, and the appeals were dismissed as well.

The Court of Appeal issued orders dismissing the appellant's applications for review of the registrar's orders and dismissing the appeals. The appeals were considered to be without merit, and no further action was taken by the Court.

Orders

Orders of the court

CACV 10 of 2015

Appellant's application for review of Registrar Davies' order is dismissed

Appeal dismissed

CACV 11 of 2015

Appellant's application for review of Registrar Davies' order is dismissed

Appeal dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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