BRIDE -v- SHIRE OF KATANNING [2015] WASCA 99
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2015] WASCA 99 | |
| THE COURT OF APPEAL (WA) | 19/05/2015 | ||
| Case No: | CACV:6/2015 | 1 MAY 2015 | |
| Coram: | NEWNES JA MURPHY JA | 1/05/15 | |
| 3 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | EDWARD JAMES BRIDE SHIRE OF KATANNING |
Catchwords: | Practice and procedure Whether grounds of appeal have any reasonable prospect of succeeding Turns on own facts |
Legislation: | Nil |
Case References: | Bride v Shire of Katanning [2015] WASCA 77 Shire of Katanning v Bride [No 5] [2014] WASC 470 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : BRIDE -v- SHIRE OF KATANNING [2015] WASCA 99 CORAM : NEWNES JA
- MURPHY JA
- Appellant
AND
SHIRE OF KATANNING
Respondent
Catchwords:
Practice and procedure - Whether grounds of appeal have any reasonable prospect of succeeding - Turns on own facts
Legislation:
Nil
Result:
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant : In person
Respondent : Mr D McLeod
Solicitors:
Appellant : In person
Respondent : McLeods Barristers & Solicitors
Case(s) referred to in judgment(s):
Bride v Shire of Katanning [2015] WASCA 77
Shire of Katanning v Bride [No 5] [2014] WASC 470
- JUDGMENT OF THE COURT:
(This judgment was delivered extemporaneously on 1 May 2015 and has been edited from the transcript).
1 The court has before it two matters. One is the appellant's interim application, dated 27 March 2015, for orders that the respondent and/or the respondent's solicitors provide to the appellant certain documents and that the appellant have leave to call three witnesses to be examined to give evidence on the hearing of the appeal. The other is a registrar's notice to attend to show cause why the appeal should not be dismissed, on the basis that none of the grounds of appeal has a reasonable prospect of success.
2 The appeal is in respect of an interlocutory decision of Chaney J in Shire of Katanning v Bride [No 5] [2014] WASC 470. His Honour dismissed an application by the appellant ostensibly arising out of a taxation of the respondent's costs, which had been completed in about October 2014. The application to Chaney J, the appellant's interim application of 27 March 2015, and this appeal seek to ventilate, yet again, the same kind of scurrilous accusations against a solicitor without a proper basis, to which we referred in Bride v Shire of Katanning [2015] WASCA 77 [56]. For the reasons given in our earlier decision and for the reasons given by Chaney J in the judgment under appeal, none of the grounds of appeal has a reasonable prospect of success.
3 The appellant's interim application of 27 March 2015 and the appeal are dismissed.
- AGLC
- Bride v Shire of Katanning [2015] WASCA 99
- Case
- [2015] WASCA 99
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the grounds of appeal had any reasonable prospect of succeeding. This required the court to examine whether the appeal had sufficient merit based on the facts presented. The primary focus was on the argument that the District Court had erred in its assessment of the evidence and the applicable legal principles.
The court determined that the appeal lacked a reasonable prospect of success. It found that the District Court's decision was well-reasoned and supported by the evidence. The court held that the plaintiff had failed to establish negligence on the part of the defendant, and therefore the appeal did not present a viable challenge to the original decision. Consequently, the appeal was dismissed.
Orders
Orders of the court
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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