NINAN -v- VALUER GENERAL (WA) [2016] WASCA 120

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2016] WASCA 120
Court:	THE COURT OF APPEAL (WA)	Published:	11/07/2016
Case No:	CACV:30/2016	Heard:	4 JULY 2016
Coram:	BUSS JA NEWNES JA	Delivered:	4/07/16
No of pages:	7	Judgment Part:	1 of 1
Result:	Springing order made
Category:	B
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Parties:	GEORGE NINAN VALUER GENERAL (WA)
Catchwords:	Practice and procedure Appellant to show cause whether grounds of appeal have reasonable prospect of succeeding Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(i) Appellant did not appear at hearing Alleged ill health Springing order made Preliminary views as to merits of appeal
Legislation:	Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(i)
Case References:	Glew v Frank Jasper Pty Ltd [2010] WASCA 87 Ninan v Hannigan [2014] FCA 258 Ninan v Judge Newnes & Judge Murphy [2015] WASC 98 Ninan v National Australia Bank [2015] WASCA 10 Ninan v St George Bank Ltd (No 2) [2013] FCA 273 Ninan v St George Bank Ltd [2012] FCA 905; (2012) 294 ALR 190 Ninan v St George Bank Ltd [2013] FCA 818 Ninan v St George Bank Ltd [2014] FCA 334 Ninan v Valuer-General of Western Australia (No 2) [2013] FCA 1180 Ninan v Westpac Banking Corporation [2015] WASCA 223

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : NINAN -v- VALUER GENERAL (WA) [2016] WASCA 120 CORAM : BUSS JA

NEWNES JA

HEARD : 4 JULY 2016 DELIVERED : 4 JULY 2016 PUBLISHED : 11 JULY 2016 FILE NO/S : CACV 30 of 2016 BETWEEN : GEORGE NINAN

Appellant

AND

VALUER GENERAL (WA)

Respondent

ON APPEAL FROM:

Jurisdiction : STATE ADMINISTRATIVE TRIBUNAL OF WESTERN AUSTRALIA

Coram : JUSTICE J C CURTHOYS (PRESIDENT)

Citation : NINAN and VALUER GENERAL [2016] WASAT 38

File No : DR 420 of 2015, DR 421 of 2015

Catchwords:

Practice and procedure - Appellant to show cause whether grounds of appeal have reasonable prospect of succeeding - Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(i) - Appellant did not appear at hearing - Alleged ill health - Springing order made - Preliminary views as to merits of appeal

Legislation:

Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(i)

Result:

Springing order made

Category: B

Representation:

Counsel:

Appellant : No appearance

Respondent : Mr J M Misso

Solicitors:

Appellant : No appearance

Respondent : State Solicitor's Office

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

Glew v Frank Jasper Pty Ltd [2010] WASCA 87
Ninan v Hannigan [2014] FCA 258
Ninan v Judge Newnes & Judge Murphy [2015] WASC 98
Ninan v National Australia Bank [2015] WASCA 10
Ninan v St George Bank Ltd (No 2) [2013] FCA 273
Ninan v St George Bank Ltd [2012] FCA 905; (2012) 294 ALR 190
Ninan v St George Bank Ltd [2013] FCA 818
Ninan v St George Bank Ltd [2014] FCA 334
Ninan v Valuer-General of Western Australia (No 2)

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Ninan v Valuer General (WA)

Details

AGLC: Ninan v Valuer General (WA) [2016] WASCA 120
Case: [2016] WASCA 120
Decision Date: 11 JULY 2016

CaseChat Overview and Summary

In the case of Ninan v Valuer General (WA), the appellant, Ninan, sought to appeal against the decision of the Valuer General regarding the valuation of property. The dispute involved the legal assessment of property valuation and the subsequent appeal process. The matter was heard in the Supreme Court of Western Australia, Court of Appeal.

The primary legal issue before the court was whether the grounds of the appeal had a reasonable prospect of success. This assessment was crucial under rule 43(2)(g)(i) of the Supreme Court (Court of Appeal) Rules 2005 (WA). The appellant did not attend the hearing, citing ill health. The court was required to determine if the appellant's absence was justified and whether the appeal had merit despite the absence. The court also needed to consider the preliminary views on the merits of the appeal based on the available evidence.

The court found that the appellant's absence was not satisfactorily explained and did not constitute a valid reason under the rules for not appearing. Despite the absence, the court proceeded to consider the merits of the appeal based on the submissions and evidence presented. The court concluded that the grounds of appeal did not have a reasonable prospect of success. Consequently, a springing order was made, and no further action was taken regarding the appeal.

Orders

Orders of the court

Springing order made

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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