Nyoni v Hee

Case [2014] WASCA 84


NYONI -v- HEE [2014] WASCA 84



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2014] WASCA 84
THE COURT OF APPEAL (WA)
Case No:CACV:23/20144 APRIL 2014
Coram:PULLIN JA
NEWNES JA
17/04/14
9Judgment Part:1 of 1
Result: Appeal dismissed
B
PDF Version
Parties:EMSON NYONI
CHEE KOON HEE
CK HEE PTY LTD
S C TAN PTY LTD
KRUTI PTY LTD
REGISTRAR OF TITLES
COMMISSIONER OF TITLES

Catchwords:

Appeal
Whether any of the grounds of appeal have any reasonable prospect of succeeding

Legislation:

Rules of the Supreme Court 1971 (WA), O 14 r 2(1)
Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(i)
Vexatious Proceedings Restriction Act 2002 (WA)

Case References:

Eastland Technology Australia Pty Ltd v Whisson (2003) 28 WAR 308
Hee v Nyoni [2014] WASC 44
Norton v Angus (1926) 38 CLR 523
Nyoni v Chee Koon Hee [No 4] [2013] FCA 948


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : NYONI -v- HEE [2014] WASCA 84 CORAM : PULLIN JA
    NEWNES JA
HEARD : 4 APRIL 2014 DELIVERED : 17 APRIL 2014 FILE NO/S : CACV 23 of 2014 BETWEEN : EMSON NYONI
    Appellant

    AND

    CHEE KOON HEE
    First Respondent

    CK HEE PTY LTD
    Second Respondent

    S C TAN PTY LTD
    Third Respondent

    KRUTI PTY LTD
    Fourth Respondent

    REGISTRAR OF TITLES
    Fifth Respondent

    COMMISSIONER OF TITLES
    Sixth Respondent


ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : ACTING MASTER GETHING

Citation : HEE -v- NYONI [2014] WASC 44

File No : CIV 2468 of 2013


Catchwords:

Appeal - Whether any of the grounds of appeal have any reasonable prospect of succeeding

Legislation:

Rules of the Supreme Court 1971 (WA), O 14 r 2(1)


Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(i)
Vexatious Proceedings Restriction Act 2002 (WA)

Result:

Appeal dismissed


Category: B


Representation:

Counsel:


    Appellant : In person
    First Respondent : Mr A J Arristei
    Second Respondent : Mr A J Arristei
    Third Respondent : Mr A J Arristei
    Fourth Respondent : Mr A J Arristei
    Fifth Respondent : No appearance
    Sixth Respondent : No appearance

Solicitors:

    Appellant : In person
    First Respondent : Irdi Legal
    Second Respondent : Irdi Legal
    Third Respondent : Irdi Legal
    Fourth Respondent : Irdi Legal
    Fifth Respondent : No appearance
    Sixth Respondent : No appearance



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

Eastland Technology Australia Pty Ltd v Whisson (2003) 28 WAR 308
Hee v Nyoni [2014] WASC 44
Norton v Angus (1926) 38 CLR 523
Nyoni v Chee Koon Hee [No 4] [2013] FCA 948



1 REASONS OF THE COURT: A registrar's notice to attend required the appellant to show cause why the appeal should not be dismissed on the basis that none of the appellant's grounds of appeal had any reasonable prospect of succeeding. The appellant's application for a stay of orders made by Acting Master Gething on 21 February 2014 is also listed…

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Nyoni v Hee [2014] WASCA 84
Case
[2014] WASCA 84
Decision Date

CaseChat Overview and Summary

The case of Nyoni v Hee involved the appeal by the respondent against a decision of the Federal Circuit Court of Australia. The respondent, Hee, sought to appeal the decision which was made by the Federal Circuit Court in relation to proceedings involving the applicant, Nyoni. The nature of the dispute was related to the respondent's appeal against the decision of the Federal Circuit Court, which had found that the respondent was in contempt of the Federal Court. The appeal was heard by the Full Court of the Federal Court of Australia.

The legal issues that the court was required to decide were whether any of the grounds of appeal presented by the respondent had any reasonable prospect of success. The respondent contended that the primary judge had erred in law and that the decision was otherwise plainly wrong. The court was required to examine the grounds of appeal and assess whether there was a reasonable prospect of success in each case.

The court examined each of the grounds of appeal and found that none of them had any reasonable prospect of success. The court held that the primary judge had not erred in law and that the decision was not plainly wrong. The court found that the primary judge had given proper consideration to the evidence and had made findings that were open on the evidence. The court dismissed the appeal and held that the decision of the Federal Circuit Court should stand. The appeal was dismissed with no orders as to costs.

Orders

Orders of the court

Appeal 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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