Lashansky v The Legal Practice Board of Western Australia

The matter of Lashansky v The Legal Practice Board of Western Australia was brought before the Supreme Court of Western Australia. The plaintiff, Lashansky, sought summary judgment against the defendant, the Legal Practice Board of Western Australia. The dispute centred around the plaintiff's challenge to the decision of the Legal Practice Board to refuse him admission as a legal practitioner. The plaintiff argued that the Board's decision was made without proper consideration and was therefore unlawful.

The primary legal issue before the court was whether the application for summary judgment was made within the appropriate limitation period. The court had to determine whether the Limitation Act 1935 (WA) or the Limitation Act 2005 (WA) applied to the case and, if so, whether the limitation period had expired. The court examined the circumstances in which the plaintiff became aware of the Board's decision and whether he exercised reasonable diligence in bringing his application. The court also considered whether the Board had taken any steps that could have interrupted the running of the limitation period.

In its judgment, the court held that the Limitation Act 2005 (WA) applied to the case, as it came into effect after the date of the Board's decision. The court found that the plaintiff had not exercised reasonable diligence in bringing his application, as he had not sought legal advice or made any enquiries about his application within the prescribed period. The court further held that the Board's decision did not constitute a step taken to interrupt the running of the limitation period. As a result, the plaintiff's application for summary judgment was dismissed as the limitation period had expired.

The court ordered that the plaintiff pay the costs of the proceeding.