Lashansky v Legal Practice Board of Western Australia [No 3]

The appeal in Lashansky v Legal Practice Board of Western Australia [No 3] involved the appellant, Lashansky, challenging the decision of the Supreme Court of Western Australia, which had granted summary judgment to the respondent, the Legal Practice Board of Western Australia. Lashansky sought to appeal against the summary judgment, arguing that the respondent's application for summary judgment was out of time, and that the court had improperly considered the application on leave to bring it out of time. Furthermore, Lashansky argued that the court had erred in refusing to allow an amendment to his pleading and in not finding the respondent to be biased.

The court was required to determine whether Lashansky's claim was statute-barred, whether the amendment to his pleading should have been allowed, and whether the respondent was biased. The central issue was whether the summary judgment application was properly considered by the court given its late filing. Additionally, the court needed to assess the validity of the refusal to allow an amendment to Lashansky's pleading and the potential bias of the respondent.

The court found that the appeal was without merit. It held that the claim was indeed statute-barred, and the amendment to the pleading was properly refused. The court also dismissed the argument of bias against the respondent. Regarding the late filing of the summary judgment application, the court concluded that the respondent's application, despite being out of time, could still be considered on the grounds of leave to bring it out of time. The court found no error in the decision to grant summary judgment and therefore dismissed the appeal.

As a result of the court's findings, the appeal was dismissed, and the decision of the Supreme Court of Western Australia was upheld.