CENTURION TRUST COMPANY LTD -v- DIRECTOR OF PUBLIC PROSECUTIONS (WA) [2009] WASCA 97 (S)

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2009] WASCA 97 (S)
Court:	THE COURT OF APPEAL (WA)
Case No:	CACV:64/2008	Heard:	12 DECEMBER 2008, 17 JUNE 2009 & ON THE PAPERS
Coram:	OWEN JA McLURE JA BUSS JA	Delivered:	4/06/09
Supplementary Delivered:	6/07/09
No of pages:	4	Judgment Part:	1 of 1
Result:	Application dismissed and appeal dismissed
Category:	B
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Parties:	CENTURION TRUST COMPANY LTD DIRECTOR OF PUBLIC PROSECUTIONS (WA)
Catchwords:	Procedure Application to amend notice and grounds of appeal Turns on own facts
Legislation:	Nil
Case References:	Re Smith; Ex parte Director of Public Prosecutions for Western Australia (No 3) [2004] WASC 157

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : CENTURION TRUST COMPANY LTD -v- DIRECTOR OF PUBLIC PROSECUTIONS (WA) [2009] WASCA 97 (S) CORAM : OWEN JA

McLURE JA

BUSS JA

HEARD : 12 DECEMBER 2008, 17 JUNE 2009 & ON THE PAPERS DELIVERED : 4 JUNE 2009 SUPPLEMENTARY
DECISION : 6 JULY 2009 FILE NO/S : CACV 64 of 2008 BETWEEN : CENTURION TRUST COMPANY LTD

Appellant

AND

DIRECTOR OF PUBLIC PROSECUTIONS (WA)

Respondent

(Page 2)

ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : TEMPLEMAN J

Citation : DIRECTOR OF PUBLIC PROSECUTIONS (WA) -v- CENTURION TRUST COMPANY LTD [NO 5] [2008] WASC 107

File No : CIV 2382 of 2003

Catchwords:

Procedure - Application to amend notice and grounds of appeal - Turns on own facts

Legislation:

Nil

Result:

Application dismissed and appeal dismissed

Category: B

Representation:

Counsel:

Appellant : Mr M L Bennett

Respondent : Mr T A Staples

Solicitors:

Appellant : Lavan Legal

Respondent : Director of Public Prosecutions (WA)

(Page 3)

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

Re Smith; Ex parte Director of Public Prosecutions for Western Australia (No 3) [2004] WASC 157

(Page 4)

1 JUDGMENT OF THE COURT: The court delivered its reasons for decision in this appeal on 4 June 2009. The appeal was from an order made by Templeman J on 6 June 2008 dismissing the appellant's application for an extension of time in which to file an objection to the confiscation of property under the Criminal Property Confiscation Act 2000 (WA).

2 Prior to the court making orders disposing of the appeal, the appellant applied for an extension of time to appeal from an order made by Templeman J on 18 April 2008 and for leave to amend the notice and grounds in this appeal to challenge the order made on 18 April 2008. On that date, Templeman J dismissed the appellant's application by chamber summons dated 7 July 2004 to set aside a confiscation declaration made by Roberts-Smith J on 2 July 2004 (Re Smith; Ex parte Director of Public Prosecutions for Western Australia (No 3) [2004] WASC 157). The appellant's application resulted from obiter observations in the court's reasons for decision. The respondent did not oppose the application being brought in this appeal.

3 The appellant's application relates to a different order made at a different time on a different subject than that under challenge in this appeal. Any challenge to the confiscation declaration made by Roberts-Smith J on 2 July 2004 can and should be the subject of separate proceedings and ought not to delay the finalisation of this appeal. However, it is appropriate that any subsequent application for an extension of time and appeal from the order made by Templeman J on 18 April 2008 be heard together and by this coram on an expedited basis.

4 Accordingly, the court hereby orders that:

1 The application dated 11 June 2009 be dismissed;

2. The appeal be dismissed; and

3. The appellant pay the respondent's costs of the appeal to be taxed.

The case involved Centurion Trust Company Ltd as the appellant and the Director of Public Prosecutions (Western Australia) as the respondent. The dispute was regarding the amendment of the notice and grounds of appeal in a legal proceeding. The court hearing this matter was the Supreme Court of Western Australia. The appellant sought to amend its notice of appeal and grounds of appeal in order to expand the scope of the appeal, which the respondent opposed on the grounds that the proposed amendments would be an abuse of the court process.

The central legal issue before the court was whether the appellant was entitled to amend its notice and grounds of appeal. Specifically, the court needed to determine if the proposed amendments would unfairly prejudice the respondent and if they represented an abuse of the court process. The court also had to consider the relevant statutory and common law principles that governed the amendment of notices and grounds of appeal.

The court found that the proposed amendments would not be in the interests of justice and would unfairly prejudice the respondent. It held that the appellant's desire to expand the scope of the appeal through amendments was an abuse of the court process. The court emphasised the importance of maintaining the integrity of the judicial process and ensuring that appeals were heard on the basis of the issues properly presented in the original notice and grounds of appeal. Consequently, the court dismissed the application to amend the notice and grounds of appeal and also dismissed the appeal itself.

Centurion Trust Company Ltd v Director of Public Prosecutions (WA)

CENTURION TRUST COMPANY LTD -v- DIRECTOR OF PUBLIC PROSECUTIONS (WA) [2009] WASCA 97 (S)

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