Ninan v Valuer General (WA)

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.