MTI -v- SUL [No 3] [2008] WASCA 19
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2008] WASCA 19 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACV:161/2006 | 14 DECEMBER 2007 | |
| Coram: | STEYTLER P WHEELER JA | 4/02/08 | |
| 17 | Judgment Part: | 1 of 1 | |
| Result: | Appeals dismissed | ||
| B | |||
| PDF Version |
| Parties: | MTI SUL |
Catchwords: | Appeal Family law Whether reasonable prospect of success Costs Meaning of "suspended" Turns on own facts |
Legislation: | Family Court Act 1997 (WA), s 66, s 66A, s 66B, s 66C, s 70A, s 89AA Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(f), (g) |
Case References: | MTI v SUL [No 2] [2007] WASCA 240 Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : MTI -v- SUL [No 3] [2008] WASCA 19 CORAM : STEYTLER P
- WHEELER JA
- Appellant
AND
SUL
Respondent
- CACV 133 of 2007
- Appellant
AND
SUL
Respondent
(Page 2)
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram : PULLIN JA
Citation : MTI -v- SUL [No 2] [2007] WASCA 240
File No : CACV 161 of 2006
Jurisdiction : FAMILY COURT OF WESTERN AUSTRALIA
Coram : MARTIN J
Citation : MTI and SUL [2006] FCWA 141
File No : PT 1025 of 2004
Catchwords:
Appeal - Family law - Whether reasonable prospect of success - Costs - Meaning of "suspended" - Turns on own facts
Legislation:
Family Court Act 1997 (WA), s 66, s 66A, s 66B, s 66C, s 70A, s 89AA
Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(f), (g)
Result:
Appeals dismissed
Category: B
(Page 3)
Representation:
CACV 161 of 2006
Counsel:
Appellant : In person
Respondent : Ms M M Wadsworth
Solicitors:
Appellant : In person
Respondent : Kott Gunning
CACV 76 of 2007
CACV 133 of 2007
Counsel:
Appellant : In person
Respondent : Ms M M Wadsworth
Solicitors:
Appellant : In person
Respondent : Kott Gunning
Case(s) referred to in judgment(s):
MTI v SUL [No 2] [2007] WASCA 240
Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473
(Page 4)
- JUDGMENT OF THE COURT:
CACV 161 of 2006
1 Application 161 of 2006 is an application to review a decision of Pullin JA made on 28 August 2007. His Honour concluded that none of the appellant's proposed grounds of appeal from a decision of a judge of the Family Court of Western Australia had a reasonable prospect of succeeding. His Honour therefore refused leave in relation to all grounds and dismissed the appeal.
2 There are three grounds of appeal. One can be disposed of at once. It is that "[t]he appeal was heard by a…
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- MTI v SUL [No 3] [2008] WASCA 19
- Case
- [2008] WASCA 19
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CaseChat Overview and Summary
The primary legal issue before the court was whether MTI had a reasonable prospect of success on appeal and, if so, whether the appeal should be allowed to proceed. A secondary issue was the meaning of the term "suspended" in the context of a costs order made by the trial judge. The court was required to determine whether the costs order was intended to be fully suspended or partially suspended, and what implications this had for the parties' financial obligations.
The court examined the evidence and arguments presented by both parties and considered the applicable legal principles. It concluded that MTI did not have a reasonable prospect of success on appeal. The court found that the trial judge had made findings of fact based on the evidence presented and that these findings were not clearly wrong. Additionally, the court held that the term "suspended" in the costs order meant that the costs were to be paid by MTI, but the payment was to be deferred until a later date. The court dismissed the appeal and ruled that the orders made by the trial judge should stand.
As a result, the appeals made by MTI were dismissed, and the orders made by the trial judge remained in effect. The court did not make any further orders in relation to the costs or any other aspect of the case.
Orders
Orders of the court
Appeals 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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