NINAN -v- VALUER GENERAL (WA) [2016] WASCA 120
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2016] WASCA 120 | |
| THE COURT OF APPEAL (WA) | 11/07/2016 | ||
| Case No: | CACV:30/2016 | 4 JULY 2016 | |
| Coram: | BUSS JA NEWNES JA | 4/07/16 | |
| 7 | Judgment Part: | 1 of 1 | |
| Result: | Springing order made | ||
| B | |||
| PDF Version |
| 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
- 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)
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- [2016] WASCA 120
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CaseChat Overview and Summary
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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