Ninan v Valuer General (WA) [No 2]

In this appeal, the appellant, who resides in Thailand, sought to challenge a decision of Curthoys J in the State Administrative Tribunal (Tribunal). The appellant and his wife had sought to review decisions of the respondent, the Valuer General of Western Australia, but the Tribunal dismissed their applications as an abuse of process. The appellant filed an appeal in the Court of Appeal, but the appeal was dismissed on the basis that none of the grounds of appeal had a reasonable prospect of success. The appellant subsequently filed various applications, including an application that the judges of the Court of Appeal recuse themselves or be removed. The Court of Appeal dismissed all of the appellant's applications and the appeal.

The appeal raised a number of issues, including whether any of the grounds of appeal had a reasonable prospect of success, and whether the judges of the Court of Appeal should have recused themselves or been removed. The Court of Appeal considered that the appellant's claims of actual bias and a reasonable apprehension of bias were without merit, and that the appellant's applications were an attempt to delay the proceedings. The Court of Appeal also considered that the appellant's claims of fraud and collusion were unsupported, groundless and absurd.

The Court of Appeal dismissed the appeal and all of the appellant's applications. The Court of Appeal considered that the appellant's claims of actual bias and a reasonable apprehension of bias were without merit, and that the appellant's applications were an attempt to delay the proceedings. The Court of Appeal also considered that the appellant's claims of fraud and collusion were unsupported, groundless and absurd. The Court of Appeal ordered that the appellant pay the respondent's costs of the appeal.